UC-NHLl- 

1  ' 

D51 

. 

I 

' 

' 

U.  S.  DEPARTMENT  OF  AGRICULTURE, 
OFFICE  OF  THE  SOLICITOR. 

GEO,  P.  McCABE,  Solicitor. 


LAWS  APPLICABLE 

TOT^HE  UNITED  STATES 

DEPARTMENT  OF  AGRICULTURE. 


( 
Compiled  by  ''-^; 

OTIS  H.  GATES, 

UNDER  THE  DIRECTION  OF  THE  SOLICITOR, 


REVISED,  1912 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICE. 

1013. 


I 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 
OFFICE  OF  THE  SOLICITOR. 

GEO.  P.  McCABE,  Solicitof, 


LAWS  APPLICABLE 

TO  THE  UNITED  STATES 

DEPARTMENT  OF  AGRICULTURE. 


Compiled  by 

OTIS  H.  GATES, 

UNDER  THE  DIRECTION  OF  THE  SOLICITOR. 


REVISED,  1912 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFIOB. 

1918. 


LETTER  OF  TRANSMITTAL. 


U.  S.  Department  of  Agriculture, 

Office  of  the  Solicitor, 
Washington,  D.  C,  December  7,  1912. 
Sir:   I  have  the  honor  to  transmit  herewith  a  digest  of  the  laws 
applicable  to  the  Department  of  Agriculture,  which  has  been  com 
piled  under  my  direction  by  Mr.  Otis  H.  Gates,  of  this  office. 

I  recommend  the  publication  of  th^^s;  co^ipilation  for  the  use  of  the 
officers  and  employees  of  the  depai-lnicnt.  ■• 


Respectfully,  l^i^.-'tWll 


■'' '  Geo.  p.  McCabe, 

Solicitor. 
Hon.  James  Wilson, 

Secretary  of  Agriculture.  ^ 

2 


^f> 


PREFACE. 


The  first  edition  of  this  work,  published  in  1908,  supplied  a  need 
for  a  convenient  compend  of  the  law  affecting  the  Department  of 
Agriculture.  Until  its  publication  the  laws  applicable  to  this  depart- 
ment had  not  been  brought  together.  To  ascertain  the  law  on  any 
subject  affecting  the  department  necessitated  a  search  through  the 
Revised  Statutes,  the  Supplements  thereto,  and  the  Statutes  at  Large. 
The  former  edition  of  this  work  embraced  all  legislation  in  effect  on 
July  1,  1907,  or  to  and  including  the  Fifty-ninth  Congress.  That 
edition  is  now  obsolete  in  many  respects  by  reason  of  subsequent 
enactments  by  Congress,  including  new  legislation  or  provisions 
repealing  or  superseding  earlier  provisions. 

The  present  compilation  collects  and  presents  all  laws  affecting  the 
Department  of  Agriculture,  permanent  or  not  clearly  temporary  in 
their  nature,  in  force  on  August  27,  1912,  including  the  enactments 
of  the  second  session  of  the  Sixty-second  Congress.  The  work  repre- 
sents the  results  of  a  carefid  and  painstaking  examination  of  the 
Revised  Statutes,  the  Supplements  thereto,  and  the  Statutes  at 
Large.  Provisions  in  various  acts  and  riders  in  agricultural  and 
other  appropriation  acts  have  been  extracted  and  preserved.  The 
work  embraces  not  only  provisions  of  law  relating  specifically  to  the 
Department  of  Agriculture  and  its  various  branches,  officers,  etc., 
but  also  all  provisions  relating  to  the  public  service  in  general  and 
incidentally  affecting,  or  applicable  to,  the  Department  of  Agricul- 
ture. It  was  deemed  convenient  to  classify  the  subject  matter  on 
this  general  basis^,  notwithstanding  the  fact  that  many  sections  of  the 
work  relating  to  the  public  service  in  general,  and  affecting  the 
Department  of  Agriculture  incidentally,  treat  of  the  same  subject 
matter  as  sections  of  the  work  relating  specifically  to  the  department. 
The  provisions  of  law  are  arranged  according  to  subject  matter 
under  appropriate  general  headings.  The  classification  of  the  sub- 
ject matter,  owing  to  its  heterogeneous  character,  is  necessarily  arbi- 
trary in  many  instances.  Provisions  related  in  subject  matter  have 
been  placed  in  juxtaposition  without  regard  to  time  or  order  of 
enactment.  Acts  and  parts  of  acts  deemed  inapplicable  to  the  De- 
partment of  Agriculture,  or  which  have  expired  or  have  been  repealed, 
or  for  which  substitutes  in  express  terms  are  provided,  are  omitted, 

M71494 


4  PREFACE. 

and  matter  directed  by  amendatory  acts  to  be  added,  inserted,  or 
substituted  is  incorporated  and  accompanied  by  explanatory  notes. 

The  purpose  of  the  present  work  is  to  present  the  text  of  the  law 
as  it  now  exists.  No  change  in  the  language  has  been  made  without 
express  and  statutory  authority.  In  cases  where  doubt  exists  whether 
acts  or  portions  of  acts  and  sections  of  the  Revised  Statutes  are 
superseded  by  subsequent  provisions  both  the  earlier  and  later  provi- 
sions are  set  forth  with  explanatory  notes.  In  some  instances  it 
was  deemed  necessary  to  include  portions  of  the  context  not  in  them- 
selves applicable  to  the  department,  but  necessary  to  complete  the 
sense  or  indicate  the  intent  or  purpose  of  the  portions  directly 
pertinent.  In  many  acts  and  portions  of  acts  and  many  sections  of 
the  Revised  Statutes  incorporated  in  the  work,  parts  thereof  are 
omitted  as  inapplicable  to  the  Department  of  Agriculture,  and  such 
omissions  are  indicated  by  the  insertion  of  asterisks.  Where  entire 
acts  are  incorporated  they  are  set  forth,  as  far  as  consistent  with  the 
logical  arrangement  of  the  work,  as  entities ;  but  where  they  treat  of 
more  than  one  subject  they  are  divided  and  the  different  sections  or 
provisions  are  set  forth  in  parts  of  the  work  where  they  respectively 
fall.  Separate  provisions  relating  to  similar  matters  are  correlated 
by  reciprocal  notes.  Many  incidental  matters  which  may  aid  in  con- 
struction are  explained  by  notes. 

Acts  or  portions  of  acts  are  preceded  by  citation  of  the  date  of  the 
act,  the  chapter,  and  the  page  of  the  Statutes  at  Large  on  which  the 
act  begins.  Where  entire  acts  or  the  first  portion  of  acts  are  set 
forth,  the  legal  title  of  the  act  is  given.  At  the  close  of  each  section 
of  the  work  taken  from  the  Statutes  at  Large  is  a  note  in  small  type 
citing  the  date  of  the  act,  and  the  chapter,  section,  and  particular 
page  of  the  Statutes  at  Large  on  which  it  occurs.  Sections  of  the 
work  taken  from  the  Revised  Statutes  are  preceded  by  the  citation  of 
the  corresponding  section  of  the  same.  Sections,  paragraphs,  or 
provisions  of  the  Statutes  at  Large  and  sections  or  portions  of  sec- 
tions of  the  Revised  Statutes  are  preceded  by  headings  indicating 
their  import. 

The  insertion  of  the  copious  explanatory  notes  and  the  very  com- 
plete index,  it  is  believed,  will  add  to  the  convenience  and  value  of 
the  work. 

It  was  deemed  advisable  to  insert,  in  the  appropriate  parts  of  the 
work,  (he  text  of  the  agricultural  appropriation  act  for  the  fiscal 
year  ending  June  30,  1913,  though  its  provisions  are  in  general  tem- 
porary in  nature. 

A  list  of  the  citations  to  the  annual  agricultural  appropriation  acts 
of  the  Department  of  Agriculture  has  been  appended. 


CONTENTS. 


Page. 

Provisions  relating  to  the  Department  of  Agriculture 9 

Establishment  and  organization  of  the  department — The  Secretary  and 

other  officers — Miscellaneous  provisions 9 

Weather  Bureau 33 

Bureau  of  Animal  Industry 41 

l^ureau  of  Plant  Industry 74 

Forest  Service 86 

Bureau  of  Chemistry 1 84 

Bureau  of  Soils 196 

Bureau  of  Entomology 198 

Bureau  of  Biological  Survey 201 

Division  of  Accoimts  and  Disbursements 227 

Division  of  Publications 229 

Bureau  of  Statistics 232 

Library 236 

Oflice  of  Experiment  Stations 237 

Office  of  Public  Roads 256 

Insecticide  act  of  1910 257 

Plant  quarantine  act  of  August  20,  1912 ; 264 

Provisions  relating  to  the  public  service  in  general 273 

Officers,  clerks,  and  employees 273 

Estimates  and  reports 308 

Appropriations 316 

Contracts 321 

Public  moneys  and  accounting 333 

Public  property 355 

Public  buildings  and  grounds 359 

Public  printing 363 

Public  documents 368 

Franks  and  franking 378 

Telegraphs 381 

Legal  services  and  claims 384 

Citations  to  agricultural  appropriation  acts 393 

Index 397 

6 


PROVISIONS  RELATING  TO  THE   DEPARTMENT 

OF  AGRICULTURE. 


PROVISIONS  RELATING  TO  THE  DEPARTMENT 

OF  AGRICULTURE 


i^rMl'^-i 


ESTABLISHMENT  AND  OE,GANIZATION  OF  THE  DEPARTMENT— 
THE  SECRETARY  AND  OTHER  OFFICERS— MISCELLANEOUS  PRO- 
VISIONS. 

EEV.  ST.   SEC.   520. 

Establishment  of  the  Department  of  Agriculture. 

Sec.  520.  There  shall  be  at  the  seat  of  Government  a  Department 
of  Agriculture,  the  general  design  and  duties  of  which  shall  be  to 
acquire  and  to  diffuse  among  the  people  of  the  United  States  useful 
information  on  subjects  connected  with  agriculture,  in  the  most  gen- 
eral and  comprehensive  sense  of  that  word,  and  to  procure,  propagate, 
and  distribute  among  the  people  new  and  valuable  seeds  and  plants. 

REV.  ST.  SEC.  521. 
Commissioner  of  Agi'iculture. 

Sec.  521.  The  Department  of  Agi-iculture  shall  be  under  the  charge 
of  a  Commissioner  of  Agriculture,  who  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
shall  be  entitled  to  a  salary  of  four  thousand  dollars  a  year. 

This  section  is  superseded  by  provisions  of  act  February  9,  1889,  c.  122, 
set  forth  below. 

Rev.  St.  sec.  524  requiring  that  the  Commissioner  shall  give  a  bond 
before  entering  upon  his  duties  is  also  superseded  by  said  act  February  9, 
1889. 

ACT  FEBRUARY  9,  1889,  c.  122.  An  act  to  enlarge  the  powers  and  duties  of 
the  Department  of  Agriculture  and  to  create  an  Executive  Department  to 
be  known  as  the  Department  of  Agriculture.     (25  Stat.  659.) 

Executive  Department  under  Secretary  of  Agriculture. 

That  the  Department  of  Agriculture,  shall  be  an  Executive  De- 
partment, under  the  supervision  and  control  of  a  Secretary  of  Agri- 
culture, who  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate ;  and  section  one  hundred  and  fifty- 
eight  of  the  Revised  Statutes  is  hereby  amended  to  include  such 
Department,  and  the  provisions  of  title  four  of  the  Revised  Statutes, 
including  all  amendments  thereto,  are  hereby  made  applicable  to 
said  Department. 

Act  February  9,  1889,  c.  122,  s.  1,  25  Stat.  059. 

Rev.  St.  sec.  158,  mentioned  and  amended  by  this  section,  Is  set  forth 
below. 

9 


10  LAWS   APPLICABLE   TO   DEPARTMENT  OF  AGEICULTUKE. 

Assistant  Secretary  of  Agriculture;  appointment  and  duties. 

Sec.  2.  That  there  shall  be  in  said  Department  an  Assistant  Secre- 
tary of  Agriculture,  to  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  who  shall  perform  such  duties 
as  may  be  required  by  law  or  prescribed  by  the  Secretary. 

Act  February  9,  1889.  c.  122,  s.  2,  25  Stat.  659. 

A  provisiou  of  act  March  4,  1907,  c.  2907,  authorizing  the  Assistant 
Secretary  to  perform  such  duties  as  may  be  assigned  by  the  Secretary, 
is  set  forth  below. 

Rev.  St.  sec.  177,  set  forth  on  p.  275,  post,  provides  that,  in  case  of  the 
death,  resignation,  absence,  or  sickness  of  the  head  of  a  department,  the 
duties  of  the  office  shall  be  performed,  temporarily,  by  the  assistant. 

Salaries  of  tde  Seciutary  and  the  Assistant  Secretary, 

Sjc;  3.:  .Thiat  the  Secretary  of  Agriculture  shall  receive  the  same 
salary  as  is  paid  to  the  Secretary  of  each  of  the  Executive  Depart- 
ments, and  the  salary  of  the  Assistant  Secretary  of  Agriculture  shall 
be  the  same  as  that  now  paid  to  the  First  Assistant  Secretary  of  the 
Department  of  the  Interior. 

Act  February  9,  1889,  c.  122,  s.  3,  25  Stat  659. 

Each  head  of  a  department  is  entitled  to  a  salary  of  $8,000  a  year  by 
Rev.  St.  sec.  160  and  act  January  20,  1874,  c.  11,  18  Stat.  4.  The  sum 
appropriated  for  compensation  of  the  First  Assistant  Secretary  of  the 
Interior  for  the  fiscal  year  in  which  this  act  was  passed,  bv  act  July  11. 
1888,  c.  615,  s.  1,  25  Stat.  2.84,  was  $4,500.  The  sum  of  $8,000  for  the 
salary  of  the  Secretary  of  Agriculture  and  the  sum  of  $4,500  for  the 
salary  of  the  Assistant  Secretary  of  Agriculture  were  appropriated  an- 
nually in  the  agricultural  appropriation  acts  for  the  fiscal  years  1890 
and  thereafter  to  and  including  1907,  The  compensation  of  the  heads 
of  executive  departments  was  increased  to  $12,000  per  annum  by  act 
February  26,  1907,  c.  1635,  s.  4,  set  forth  on  p.  283,  post,  and  that  sum  for 
the  salary  of  the  Secretary  of  Agriculture,  and  the  sum  of  $5,000  for  the 
salary  of  the  A.ssistant  Secretary  of  Agriculture,  are  appropriated  in  the 
agricultural  appropriation  acts  for  the  fiscal  years  1908  and  thereafter 
The  provisions  of  the  act  for  the  fiscal  year  1913  are  set  forth  below. 
Laws  of  the  department  continued  in  force. 

Sec.  4.  That  all  laws  and  parts  of  laws  relating  to  the  Department 
of  Agriculture  now  in  existence,  as  far  as  the  same  are  applicable  and 
not  in  conflict  with  this  act,  and  only  so  far,  are  continued  in  full 
force  and  effect. 

Act  February  9,  1889,  c,  122,  s.  4,  25  Stat,  659. 
REV.   ST.  SEC.   158. 

Application  of  provisions  of  Title  Four  of  Revised  Statutes  to  Executive  Depart- 
ments. 

Sec.  158,  The  provisions  of  this  Title  shall  apply  to  the  followin^y 
Executive  Departments: 

First.  The  Department  of  St^ate. 
Second.  The  Department  of  War. 
Third,  The  Department  of  the  Treasury. 
Fourth.  The  Department  of  Justice. 
Fifth.  The  Post-Office  Department. 
Sixth.  Tlie  Department  of  the  Navy. 
Seventh.  The  Department  of  the  Interior. 

This  section  Is  amended  to  Include  the  Department  of  Agriculture  bv 
act  February  9,  1889.  c.  122,  s.  1,  set  forth  above.  =,iituicure  oy 


ESTABLISHMENT   OF   DErARTMENI,  11 

REV.  ST.  SEC.  159. 
Word  "  Department." 

8i:c.  ir)9.  The  word  "  Department ''  when  used  alone  in  this  Title, 
and  Titles  five,  six,  seven,  eight,  nine,  ten,  and  eleven,  means  one  of 
the  Executive  Departments  enumerated  in  the  preceding  section. 

The  Department  of  Agriculture  is  included  in  this  definition  by  act 
February  9,  1S89,  c.  122,  s.  1.  set  forth  above. 

ACT  JULY  14,  1890,  c.  707.      (26  Stat.  282.) 

Secretary  of  Agriculture   to  perform   duties   of  former   Commissioner   of  Agri- 
culture. 

The  authority  granted  to  the  Commissioner  of  Agriculture  by  the 
act  of  May  twenty-ninth,  eighteen  hundred  and  eighty-four,  estab- 
lishing the  Bureau  of  Animal  Industry,  and  by  the  provisions  of  the 
appropriation  act  for  the  Agriculture  Department,  approved  July 
eighteenth,  eighteen  hundred  and  eighty-eight,  relating  to  said 
Bureau,  is  hereby  vested  in  the  Secretary  of  Agriculture;  and  the 
said  Secretary  is  hereby  authorized  and  directed  to  perform  all  the 
duties  named  in  said  acts  and  all  other  acts  of  Congi'ess  in  force  on 
Februarj''  eighth,  eighteen  hundred  and  eighty-nine,  to  be  performed 
by  the  Commissioner  of  Agriculture. 

Act  July  14,  1890,  c.  707,  26  Stat.  288. 

Act  May  29,  1884,  c.  23.  mentioned  in  this  paragraph,  is  set  forth  on 
p.  41,  post,  under  "  Bureau  of  Animal  Industi'y." 

The  authority  granted  by  the  agricultural  appropriation  act  of  July 
18,  1888,  referred  to  in  this  paragraph,  is  limited  to  the  use  of  the  sum 
therein  appropriated  for  carrying  out  the  provisions  of  act  May  29,  1884. 
Appropriations  in  substantially  similar  terms  are  made  in  subsequent 
agricultural  appropriation  acts. 

ACT  MARCH  4,  1907,  c.  2907.     (34  Stat.  1256.) 
Duties  of  the  Assistant  Secretary  of  Agriculture. 

*  *  *  the  Assistant  Secretary  is  hereby  authorized  to  perform 
such  duties  in  the  conduct  of  the  business  of  the  Department  of  Agri- 
culture as  may  be  assigned  by  the  Secretary  of  Agriculture  ^     *     *     * 

Act  March  4,  1907,  c.  2907,  34  Stat.  1256. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1908,  cited  above.  A  provision  in  the  same  words  is  contained  in 
the  similar  act  for  the  preceding  fiscal  year. 

A  previous  provision  requiring  that  the  Assistant  Secretary  shall  per- 
form such  duties  as  may  be  required  by  law  or  prescribed  by  the  Secre 
tary  is  contained  in  act  February  9,  1889,  c.  122,  s.  2.  set  forth  above. 

ACT  JUNE  3,  1902,  c.  985.     (32  Stat.  286.) 

Establishment  of  Bureau  of  Soils,  Bureau  of  Forestry,  Bureau  of  Chemistry,  and 
Bureau  of  Plant  Industry. 

*  *  *  That  all  existing  .statutes  relating  to  the  Division  of  Soils, 
reorganized  into  the  Bureau  of  Soils;  the  Division  of  Forestry,  reor- 
ganized into  the  Bureau  of  Forestry;  the  Division  of  Chemistry, 
reorganized  into  the  Bureau  of  Chemistry;  and  the  Division  of 
Botany,  the  Division  of  Pomology,  the  Division  of  Vegetable  Physi- 
ology and  Pathology,  the  Division  of  Agrostology  and  Experimental 
Gardens  and  Grounds,  reorganized  into  the  Bureau  of  Plant  Indus- 
try, not  otherwise  repealed^  shall  remain  in  effect  as  applying  to 


12  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGKICULTUEE. 

the  respective  bureaus  into  which  the  divisions  named  have  been 
reorganized ;     *     *     * 

Act  June  3,  1902,  c.  985,  32  Stat.  303. 

This  is  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1903,  cited  above. 

The  Weather  Service  is  transferred  from  the  War  Department  to  the 
Department  of  Agriculture  by  act  October  1,  1890,  c.  1266,  set  forth  on 
p.  33,  post,  under  "  Weather  Bureau." 

The  execution  of  all  laws  affecting  public  lands  reserved  as  forest  re- 
serves, excepting  such  laws  as  affect  the  surveying,  etc.,  entering,  etc., 
or  patenting  of  any  such  lands,  is  placed  under  the  Secretary  of  Agricul- 
ture by  act  February  1,  1905,  c.  288,  s.  1,  set  forth  on  p.  86,  post,  under 
"  Forest  Service." 

Appropriations  in  agricultural  appropriation  acts  for  fiscal  years  pre- 
vious to  1906,  made  under  "  Division  of  Entomology  "  and  under  "  Divi- 
sion of  Biological  Survey,"  were  thereafter  made  under  "  Bureau  of 
Entomology  "  and  "  Bureau  of  Biological  Survey,"  and  appropriations  in 
the  similar  acts  for  fiscal  years  previous  to  1903,  made  under  "  Division 
of  Statistics,"  were  thereafter  made  under  "  Bureau  of  Statistics." 

Appropriations  made  under  "  Bureau  of  Forestry,"  in  the  agricultural 
appropriation  acts  for  the  fiscal  years  1902  to  and  including  1905,  were 
thereafter  made  under  "  Forest  Service." 

ACT  MAY  26,  1910,  c.  256.     (36  Stat.  416.) 

Legal  work  of  the  Department  of  Agriculture  under  the  Solicitor. 

*  *  *  hereafter  the  legal  work  of  the  Department  of  Agricul- 
ture shall  be  performed  under  the  supervision  and  direction  of  the 
solicitor;     *     *     * 

Act  May  26,  1910,  c.  256,  36  Stat.  416. 

This  is  a  provision  accompanying  an  appropriation  for  salary  of  the 
Solicitor  in  the  agricultural  appropriation  act  for  the  fiscal  year  1911, 
cited  above. 

ACT  MARCH  4,  1911,  c.  238.     (36  Stat.  1235.) 
Details  of  law  clerks. 

*  *  *  That  hereafter  the  law  clerks  may  be  detailed  by  the  Sec- 
retary of  Agriculture  for  service  in  or  out  of  Washington;     *     *     * 

Act  March  4,  1911,  c.  238,  36  Stat.  1236. 

This  is  a  proviso  annexed  to  appropriations  for  law  clerks  in  the 
agricultural  appropriation  act  for  the  fiscal  year  1912,  cited  above.  A 
proviso  in  the  same  words,  except  the  word  "  hereafter,"  was  contained 
in  the  similar  act  for  the  preceding  fiscal  year. 

REV.   ST.   SEC.   523. 

Appointment  of  chief  clerk  and  other  officers  and  employees. 

Sec.  523.  The  Commissioner  of  Agriculture  shall  appoint  a  chief 
clerk,  with  a  salary  of  two  thousand  dollars  a  year,  who  in  all  cases 
during  the  necessary  absence  of  the  Commissioner,  or  when  the  office 
of  Connnissioner  shall  become  vacant,  shall  perform  the  duties  of 
Commissioner,  and  he  .shall  appoint  such  other  employes  as  Congress 
may  from  time  to  time  provide,  with  salaries  corresponding  to  the 
salaries  of  similar  officers  in  other  Departments  of  the  Government; 
and  he  shall,  as  Ct>ngress  may  from  time  to  time  provide,  employ 
others  persons,  for  such  time  as  their  services  may  be  needed,  includ- 
ing chemists,  botanists,  entomologists,  and  other  persons  skilled  in 
the  natural  sciences  pertaining  to  agriculture. 


ESTABLISHMENT   OF   DEPARTMENT.  13 

Rev.  St.  sec.  522,  here  omitted  as  superseded,  provides:  "There  shall 
he  in  the  Department  of  Agriculture:  One  chief  cleric,  at  a  salary  of 
$2,000  a  year."  Appropriations  for  a  chief  clerk  at  this  compensation 
were  made  in  the  agricultural  appropriation  acts  to  and  including  the 
fiscal  year  1S84.  The  salary  of  the  chief  clerk  appropriated  in  the  similar 
acts  for  the  fis»cal  years  1SS5  and  thereafter  to  and  including  190S  was 
$2.iJ00.  In  the  acts  for  the  fiscal  years  1909  to  1912,  inclusive,  the  appro- 
priation for  the  salary  of  the  chief  clerk  is  $2,500  and  $500  additional 
as  custodian  of  buildings,  and  the  appropriation  in  the  act  for  the  fiscal 
year  1913,  set  forth  on  p.  30,  post,  for  the  salary  of  the  chief  clerk,  Is 
$3,000  and  $500  additional  as  custodian  of  buildings. 

The  provision  of  this  section  that,  in  case  of  absence  or  vacancy  in 
the  office  of  the  Commissioner,  the  chief  clerk  shall  perform  the  duties 
of  the  otfice,  is  superseded  by  the  change  of  the  department  into  an 
executive  department  under  a  Secretary  of  Agriculture,  with  an  Assistant 
Secretary,  by  act  February  9,  1SS9,  c.  122,  set  forth  on  p.  9,  ante,  and 
the  provisions  of  Rev.  St.  sec.  177,  set  forth  on  p.  275,  post,  that  in  case 
of  death,  resignation,  absence,  or  sickness  of  the  head  of  a  department, 
the  duties  of  the  office  may  be  performed  temporarily  by  the  assistant. 

Rev.  St.  sec.  524,  requiring  that  the  chief  clerk  shall  give  a  bond  before 
entering  upon  his  duties,  is  superseded  by  the  change  of  the  Department 
of  Agriculture  into  an  executive  department  under  a  Secretary  of  Agri- 
culture, with  an  Assistant  Secretary,  by  act  February  9,  1889,  c.  122,  set 
forth  on  p.  9,  ante. 

ACT  APRIL  23,  1904,  c.  1486.     (33  Stat.  276.) 

Chief  clerk  of  the  Department  of  Agriculture  superintendent  of  buildings. 

*  *  *  chief  clerk,  who  shall  be  superintendent  of  the  Depart- 
ment buildings,     *     *     * 

Act  April  23,  1904,  c.  1486,  33  Stat.  276. 

This  is  a  px'ovision,  accompanying  an  appropriation  for  the  salary 
of  the  chief  clerk,  in  the  agricultural  appropriation  act  for  the  fiscal 
year  1905,  cited  above.  Previous  provisions  in  the  same  words  accompany 
similar  appropriations  in  the  agricultural  appropriation  acts  for  the  fiscal 
years  1883  and  thereafter.  The  provision  was  discontinued  in  the  act  for 
the  fiscal  year  1906,  but  in  the  acts  for  the  fiscal  years  1909  and  thereafter 
the  provision  "  and  five  hundred  dollars  additional  as  custodian  of  build- 
ings," accompanies  the  appropriations  otherwise  made  for  the  salary  of 
the  chief  clerk. 

ACT  ATTGITST  8,  1894,  c.  238.     (28  Stat.  264.) 
Official  seal  of  the  Department  of  Agriculture. 

The  Secretary  of  Agriculture  is  hereby  authorized  and  directed  to 

procure  a  proper  seal,  with  such  suitable  inscriptions  and  devices  as 

he  may  approve,  to  be  known  as  the  official  seal  of  the  Department  of 

Agriculture,  and  to  be  kept  and  used  to  verify  official  documents, 

■  under  such  rules  and  regulations  as  he  may  prescribe. 

Act  August  8.  1894,  c.  238,  28  Stat.  272. 

This  is  a  paragraph  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1895,  cited  above. 

REV.  ST.  SEC.  525. 

Custody  of  property,  records,  etc.,  of  department. 

Sec.  525.  The  Commissioner  of  Agriculture  shall  have  charge,  in 
the  building  and  premises  appropriated  to  the  Department,  of  the 
library,  furniture,  fixtures,  records,  and  other  property  appertaining 
to  it,  or  hereafter  acquired  for  use  in  its  business. 

The  designation  of  the  Commissioner  is  changed  to  Secretary  of  Agri- 
culture by  act  February  1,  1889,  c.  122,  set  forth  on  p.  9,  ante. 


14  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

REV.   ST.  SEC.  526. 

Duties  of  the  Commissioner  [Secretary]. 

Sec.  526.  The  Commissioner  of  Agriculture  shall  procure  and 
preserve  all  information  concerning  agriculture  which  he  can  obtain 
by  means  of  books  and  correspondence,  and  by  practical  and  scientific 
experiments,  accurate  records  of  which  experiments  shall  be  kept  in 
his  Office,  by  the  collection  of  statistics,  and  by  any  other  appropriate 
means  within  his  power ;  he  shall  collect  new  and  valuable  seeds  and 
plants;  shall  test,  by  cultivation,  the  value  of  such  of  them  as  may 
require  such  tests;  shall  propagate  such  as  may  be  worthy  of  propa- 
gation ;  and  shall  distribute  them  among  agriculturists. 

See  note  under  Rev.  St.  sec.  525.  above,  as  to  change  of  designation  of 
Commissioner  to  Secretary  of  Agriculture. 

ACT  AUGUST  2.  1886,  c.  840.     (24  Stat.  209.) 

Commissioner    [Secretary]    of  Agriculture  a  member  of  board  of  appeals  from 
decisions  as  to  £i:tEtances  in  imitation  of  butter. 

The  Commissioner  [of  Internal  Revenue]  may  also  decide  whether 
any  substance  made  in  imitation  or  semblance  of  butter,  and  intended 
for  human  consumption,  contains  ingredients  deleterious  to  the  public 
health ;  but  in  case  of  doubt  or  contest  his  decisions  in  this  class  of 
cases  may  be  appealed  from  to  a  board  hereby  constituted  for  the 
purpose,  and  composed  of  the  Surgeon-General  of  the  Army,  the 
t!»urgeon-General  of  the  Navy,  and  the  Commissioner  of  Agriculture; 
and  the  decisions  of  this  board  shall  be  final  in  the  premises. 

Act  August  2,  1886,  c.  840,  s.  14,  24  Stat.  212. 

ACT  JUNE  6.  1896,  c.  337.     (29  Stat.  253.) 

Secretary  of  Agriculture  a  member  of  board  of  appeals  from  decisions  as  to 
ingredients  of  filled  cheese. 

Sec.  15.  That  the  Commissioner  of  Internal  Revenue  is  authorized 
to  have  applied  scientific  test?,  and  to  decide  whether  any  substances 
used  in  the  manufacture  of  filled  cheese  contain  ingi'edients  deleterious 
to  health.  But  in  case  of  doubt  or  contest  his  decision  in  this  class 
of  cases  may  be  appealed  from  to  a  board  hereby  constituted  for  the 
purpose,  and  composed  of  the  Surgeon-General  of  the  Army,  the 
Surgeon-General  of  the  Navy,  and  the  Secretary  of  Agriculture,  and 
the  decision  of  this  board  shall  be  final  in  the  premises. 

Act  June  6,  1896,  c.  337.  s.  15,  29  Stat.  256. 

This  is  a  section  of  "An  act  defining  cheese,  and  also  imposing  a  tax 
upon  and  regulating  the  manufacture,  sale,  importation,  and  exportation 
of  '  filled  chees(.'  "  cited  above. 

ACT  AUGUST  10.  1912.  c.  284.     (37  Stat.  269.) 

Secretary  authorized  to  investigate  cost  of  food  supplies. 

And  the  Secretary  of  Agriculture  is  hereby  authorized  to  continue 
investigations  on  the  cost  of  food  supplies  at  the  farm  and  to  the  con- 
sumer, and  to  disseminate  the  results  of  such  investigations  in  what- 
ever manner  he  may  deem  best. 

Act  August  10.  1912,  c.  284,  37  Stat.  300. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


ESTABLISHMENT   OP  DEPARTMENT.  15 

A  provision  authorizing  the  Secretary  of  Agriculture  to  make  such 
investigations  and  disseminate  the  results  was  contained  in  the  similar 
appropriation  act  for  the  fiscal  year  1911.  and  provisions  for  the  con- 
tinuance of  the  work,  in  the  same  words  as  in  the  provision  above  set 
forth,  were  also  contained  in  the  similar  act  for  the  fiscal  year  1912. 

ACT  AUGUST  24,  1912,  c.  389.     (37  Stat.  539.) 

Appropriation,  to  be  expended  by  Secretary  of  Agriculture  in  cooperation  with 
Postmaster  General,  for  improvement  of  roads  for  ascertaining  benefits  to 
Rural  Delivery  Service  and  transportation  of  products;  report  and  recom- 
mendations to  Congress. 

*  *  *  That  there  is  hereby  appropriated  the  sum  of  five  hun- 
dred thousand  dollars,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  to  be  expended  by  the  Secretary  of  Agriculture  in 
cooperation  with  the  Postmaster  General  in  improving  the  conditions 
of  roads  to  be  selected  by  them  over  which  rural  delivery  is  or  may 
hereafter  be  established,  such  improvement  to  be  for  the  purpose  of 
ascertaining  the  increase  in  the  territory  which  could  be  served  by 
each  carrier  as  a  result  of  such  improvement,  the  possible  increase 
of  the  number  of  delivery  days  in  each  year,  the  amount  required 
in  excess  of  local  expenditures  for  the  proper  maintenance  of  such 
roads,  and  the  relative  saving  to  the  Government  in  the  operation 
of  the  Rural  Delivery  Service,  and  to  the  local  inhabitants  in  the 
transportation  of  their  products  by  reason  of  such  improvement  and 
report  the  results  in  detail  to  Congress:  Provided^  That  the  State  or 
the  local  subdivision  thereof  in  which  such  improvement  is  made 
under  this  provision  shall  furnish  double  the  amount  of  money  for 
the  improvement  of  the  road  or  roads  so  selected.  Such  improvement 
shall  be  made  under  the  supervision  of  the  Secretary  of  Agriculture. 

That  the  Secretary  of  Agriculture  and  the  Postmaster  General  are 
hereby  directed  to  report  to  Congress  widiin  one  year  after  the 
ratification  of  this  Act  the  result  of  their  operations  under  this  Act, 
the  number  of  miles  of  road  improved,  the  cost  of  same,  and  such 
other  information  as  they  may  have  acquired  in  connection  with 
the  operation  of  this  Act,  together  with  such  recommendations  as 
shall  seem  wise  for  providing  a  general  plan  of  national  aid  for  the 
improvement  of  postal  roads  in  cooperation  with  the  States  and 
counties,  and  to  bring  about  as  near  as  possible  such  cooperation 
among  the  various  States  as  will  insure  uniform  and  equitable  inter- 
state highway  regulations,  and  for  providing  necessary  funds  for 
carrying  out  such  plans  of  national  aid,  if  it  shall  be  deemed  feasible 
to  provide  the  same  or  any  part  thereof  otherwise  than  by  appro- 
priation from  the  Treasury  for  that  purpose. 

Act  August  24,  1912,  c.  389,  s.  1,  37  Stat.  551. 

These  are  provisions  of  the  postal  service  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 

REV.  ST.  SEC.  3677. 

Control  of  appropriations  of  the  department. 

Sec.  3677.  The  Commissioner  of  Agriculture  shall  direct  and  super- 
intend the  expenditure  of  all  money  appropriated  to  the  Department 
and  render  accounts  thereof. 

See  note  under  Rev.  St.  sec.  525,  above,  as  to  change  of  designation  of 
Commissioner  to  Secretary  of  Agriculture.  - 


16  LAWS  APPLICABLE   TO  DEPAKTMENT  OF  AGKICULTUEE. 

REV.   ST.  SEC.   528. 

Annual  and  special  reports  of  Commissioner  [Secretary]. 

Sec.  528.  The  Commissioner  of  Agriculture  shall  annually  make  a 
general  report  in  writing  of  his  acts  to  the  President  and  to  Congress, 
in  which  he  may  recommend  the  publication  of  papers  forming  parts 
of  or  accompanying  his  report,  which  shall  also  contain  an  account 
of  all  moneys  received  and  expended  by  him.  He  shall  also  make 
special  reports  on  particular  subjects  whenever  required  to  do  so  by 
the  President  or  either  House  of  Congress,  or  when  he  shall  think  the 
subject  in  his  charge  requires  it. 

See  note  under  Rev.  St.  sec.  525,  above,  as  to  change  of  designation  of 
Commissioner  to  Secretary  of  Agriculture. 

EEV.  ST.  SEC.  529. 

Annual  report  of  expenditures. 

Sec.  529.  The  Commissioner  of  Agriculture  shall,  on  or  before  the 
fifteenth  day  of  December  in  each  year,  make  a  report  in  detail  to 
Congress  of  all  moneys  expended  by  him  or  under  his  direction. 

See  note  under  Rev.  St.  sec.  525,  above,  as  to  change  of  designation  of 
Commissioner  to  Secretary  of  Agriculture. 

ACT  MARCH  3,  1881,  c.  129.     (21  Stat.  381.) 

Time   and   manner   of   accounts   and   reports    of   Commissioner    [Secretary]    of 
Agriculture. 

Sec.  2.  That  the  Commissioner  of  Agriculture  is  hereby  directed 
and  required  to  account  and  report  to  the  proper  accounting  officers 
of  the  Treasury  in  the  same  manner  and  at  the  same  times  as  the 
heads  of  executive  departments  of  the  government  are  now  required 
by  law  to  account  and  report. 

Act  March  3,  18S1,  c.  129,  s.  2,  21  Stat.  385. 

This  is  a  section  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1882,  cited  above.  A  provision  in  the  same  words  is  contained  in 
the  similar  appropriation  act  for  the  preceding  fiscal  year. 

The  Commissioner  of  Agriculture  is  required,  in  addition  to  the 
vouchers  and  accounts  for  sums  appropriated  for  the  Department  of 
Agriculture  to  be  furni.shed  to  the  Treasury,  to  present  to  Congress  annual 
detailed  statements  of  the  expenditures  of  appropriations  for  the  depart- 
ment, by  a  provision  of  act  March  3,  1885,  c.  338,  s.  2,  set  forth  below. 

ACT  MARCH  3,  1885,  c.  338.     (23  Stat.  353.) 

Additional  compensation  to   officers  or  employees;    detailed  statement   to  Con- 
gress of  expenditures  of  Department  of  Agriculture. 

Sec.  2.  That  no  part  of  the  money  herein  or  hereafter  appropri- 
ated for  the  Department  of  Agriculture  shall  be  paid  to  any  person, 
as  additional  salary  or  compensation,  receiving  at  the  same  time  other 
compensation  as  an  officer  or  employee  of  the  Government;  and  in 
addition  to  the  proper  vouchers  and  accounts  for  the  sums  appro- 
priated for  the  said  Department  to  be  furnished  to  the  accounting 
officers  of  the  Treasury,  the  Commissioner  of  Agriculture  shall,  at 
the  commencement  of  each  regular  session,  present  to  Congress  a 
detailed  statement  of  the  expenditure  of  all  appropriations  for  said 
Department  for  the  last  preceding  fiscal  year. 

Act  March  3,  1885,  c.  338,  s.  2,  23  Stat.  35G. 


ESTABLISHMENT  OF  DEPARTMENT.  17 

This  is  a  section  of  the  agricultural  appropriation  act  for  the  fiscal 
year  18S6,  cited  above. 

The  vouchers  and  accounts  referred  to,  to  be  furnislied  to  the  account- 
ing officers  of  the  Treasury,  are  required  by  act  March  3,  1881.  c.  129.  s.  2, 
set  forth  above. 

ACT  JULY  31.  1894,  c.  174,  s.  7.     (28  Stat.  162.) 
Settlement  of  accounts  of  the  Department  of  Agriculture. 

Fifth.  The  Auditor  for  the  State  and  other  Departments  shall  re- 
ceive and  examine  all  accounts  of  salaries  and  incidental  expenses  of 
the  offices  of  the  Secretary  of  State,  the  Attorney-General,  and  the 
Secretary  of  Agriculture,  and  of  all  bureaus  and  offices  under  their 
direction;  all  accounts  relating  to  all  other  business  within  the  juris- 
diction of  the  Departments  of  State,  Justice,  and  Agriculture ;  *  *  * 
He  shall  certify  the  balances  arising  thereon  to  the  Division  of  Book- 
keeping and  Warrants,  and  send  forthwith  a  copy  of  each  certificate, 
according  to  the  character  of  the  account,  to  the  *  *  *  chief 
officer  of  the  Executive  Department     *     *     *     concerned. 

Act  July  31.  1894.  c.  174.  s.  7,  28  Stat.  207. 

These  are  provisions  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1895,  cited  above. 

ACT  JUNE  3,  1902,  c.  985.     (32  Stat.  286.) 

Order  and  arrangement  of  estimates  for  Department  of  Agriculture. 

*  *  *  That  hereafter  the  estimates  of  appropriations  for  the 
Department  of  Agriculture  shall  be  prepared  and  submitted  each 
year  according  to  the  order  and  arrangement  of  the  Act  for  the  year 
preceding;  and  any  changes  in  such  order  or  arrangement  desired 
by  the  Secretary  of  Agriculture  may  be  submitted  by  note  in  the 
estimates. 

Detailed  estimates  of  clerks  in  the  Department  of  Agriculture. 

It  shall  be  the  duty  of  the  Secretary  of  Agriculture  to  submit,  in 
the  Book  of  Estimates  for  the  fiscal  year  nineteen  hundred  and  four, 
and  annually  thereafter,  immediately  following  estimates  of  each  of 
the  respective  offices,  bureaus  and  divisions  of  the  Department  of 
Agriculture  a  statement  showing  in  detail  the  number  of  clerks  who 
were  employed  in  the  District  of  Columbia  upon  re^lar  and  con- 
tinuous work  for  thirty  days  or  more  during  the  previous  fiscal  year 
in  or  under  such  offices,  bureaus  or  divisions  under  authority  of  and 
paid  from  general  appropriations,  indicating  in  the  case  of  every 
such  employment  the  rate  of  compensation  received  and  the  appro- 
priation from  which  paid. 

Act  June  3,  1902,  c.  985,  32  Stat.  303. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the 
fiscal  year  1903,  cited  above. 

Provisions  relating  to  estimates  for  the  executive  departments  in  gen- 
eral are  set  forth  post,  under  "  Estimates  and  Reports." 

ACT  MAECH  4,  1911,  c.  238.     (36  Stat.  1235.) 

Bepeal  of  provisions  requiring  classified  and  detailed  estimates  and  report! 
of  receipts  and  expenditures  by  Forest  Service,  and  of  expenditures  by 
Department  of  Agriculture. 

That  the  provisions  of  the  Act  entitled  "An  Act  making  appro- 
priations for  the  Department  of  Agriculture  for  the  fiscal  year  end- 

71657—13 2 


18  LAWS  APPLICABLE   TO   DEPARTMENT   OP   AGEICULTUEE. 

ing  June  thirtieth,  nineteen  hundred  and  eight,"  requiring  the  Secre- 
tary of  Agriculture  to  submit  to  Congress  classified  and  detailed  re- 
ports of  receipts  and  classified  and  detailed  estimates  and  reports  of 
expenditures  by  the  Forest  Service,  and  classified  and  detailed  esti- 
mates and  reports  of  every  subject  of  expenditure  by  the  Agri- 
cultural Department;  statements  showing  all  appointments,  promo- 
tions, or  other  changes  made  in  the  salaries  paid  from  lump  funds,  are 
hereby  repealed. 

Act  March  4,  1911,  c.  238,  36  Stat.  1264. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1912,  cited  above. 

The  provisions  repealed  by  this  act  are  contained  in  act  March  4.  1907, 
c.  2907,  34  Stat.  1270,  1280,  1282. 

ACT  MAY  26,  1910,  c.  256.     (36  Stat.  416.) 

Detailed  estimates  for  oflScers,  clerks,  and  employees  of  the  Department  of 
Agriculture. 

The  Secretary  of  Agriculture  for  the  fiscal  year  nineteen  hundred 
and  twelve,  an^  annually  thereafter,  shall  transmit  to  the  Secretary 
of  the  Treasury  for  submission  to  Congress  in  the  Book  of  Estimates 
detailed  estimates  for  all  executive  officers,  clerks,  and  employees  be- 
low the  grade  of  clerk,  indicating  the  salary  or  cornpensation  of  each, 
necessary  to  be  employed  by  the  various  bureaus,  offices,  and  divisions 
of  the  Department  of  Agriculture. 

Act  May  26,  1910,  c.  256,  36  Stat.  440. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1911,  cited  above. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Requirement  of  detailed  estimates  for  officers,  clerks,  and  employees  of  the 
Department  of  Agriculture  not  to  apply  to  employees  in  meat-inspection 
service  or  enforcement  of  insecticide  act. 

Hereafter  so  much  of  the  Act  of  May  twenty-sixth,  nineteen  hun- 
dred and  ten  (Thirty-sixth  Statutes,  page  four  hundred  and  sixteen), 
as  requires  the  Secretary  of  Agriculture  to  transmit  annually  to  the 
Secretary  of  the  Treasury,  for  submission  to  Congress,  detailed  esti- 
mates for  executive  officers,  clerks,  and  other  employees  in  the  vari- 
ous bureaus,  offices,  and  divisions  of  the  Department  of  Agriculture 
shall  not  apply  to  such  employees  in  the  meat-inspection  se^^'ice  or 
employees  engaged  in  the  enforcement  of  the  insecticide  Act  of  nine- 
teen hundred  and  ten. 

Act  August  10,  1912,  c.  284,  37  Stat.  301. 

The  provision  of  act  May  26,  1910,  c.  256,  mentioned  above,  is  set  forth 
above. 

By  a  provision  of  act  March  4,  1907,  c.  2907,  set  forth  on  p.  67,  post, 
under  "  Bureau  of  Animal  Industry,"  the  Secretary  of  Agriculture  is 
required  to  submit  in  his  annual  estimates  a  detailed  statement  of  per- 
sons employed  in  meat  inspection,  their  compensation  and  expenses,  and 
place  of  employment. 

ACT  UARCH  28,  1896,  c.  73.    An  act  to  regulate  the  issue  and  recording  of  the 
commissions  of  officers  in  several  of  the  departments.     (29  Stat.  75.) 

Commissions  of  officers  under  the  Secretary  of  Agriculture. 

That  hereafter  the  commissions  of  all  officers  under  the  direction 
and  control  of  the  Secretary  of  the  Treasury,  the  Secretary  of  War, 
the  Secretary  of  the  Nav^,  and  the  Secretary  of  Agriculture  shall  be 


ESTABLISHMENT   OF   DEPARTMENT.  19 

made  out  and  recorded  in  the  respective  Departments  under  which 
they  are  to  serve,  and  the  Department  seal  affixed  thereto,  any  hiws 
to  the  contrary  notwithstanding::  Provided^  That  the  said  seal  shall 
rot  be  affixed  to  any  such  commission  before  the  same  shall  have  been 
signed  by  the  President  of  the  United  States. 

Act  March  28,  1806,  c.  73.  29  Stat.  75. 

ACT  MARCH  3,  1905,  c.  1409.     (33  Stat.  861.) 

laborers  in  the  Department  of  Agriculture  placed  in  classified  service. 

All  classified  laborers  whose  positions  are  transferred  from  the 
lump  funds  to  the  statutory  rolls  are  hereby  placed  in  the  classified 
service  without  further  examination  in  the  grades  and  at  the  rates 
of  compensation  herein  provided. 

Act  March  3,  1905,  c.  1405,  33  Stat.  883. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fi.scal 
j-ear  1906,  cited  above. 

The  laborers  so  transferred  are  made  eligible  for  promotion  without 
further  examination  by  a  provision  of  act  June  30,  1906,  c.  391'J,  set 
forth  below. 

ACT  JUNE  30,  1906,  c.  3913.     (34  Stat.  669.) 

Laborers  in   the   Department   of   Agriculture    transferred   to   classified   service 
eligible  for  promotion. 

*  *  *  That  all  classified  laborers  whose  positions  were  trans- 
ferred from  the  lump  funds  to  the  statutory  rolls  by  the  Act  making 
appropriations  for  the  Department  of  Agriculture  approved  ISIarch 
third,  nineteen  hundred  and  five,  and  who  were  by  the  last  clause  of 
that  Act  placed  in  the  classified  service  without  further  examination 
in  the  grades  and  at  the  rates  of  compensation  provided  in  said  Act, 
are  hereby  made  eligible  for  promotion  without  further  examination. 

Act  June  30,  1906,  c.  3913,  34  Stat.  695. 

This  is  a  proviso,  annexed  to  provisions  of  the  agricultural  appropria- 
tion act  for  the  fiscal  year  1907,  which  provisions  are  repeated  and  made 
permanent  by  a  prorA-ision  of  act  March  4,  1907,  c.  2907,  set  forth  below. 

The  last  clause  of  act  March  3,  1905,  c.  1405,  mentioned  in  this  pro- 
vision, as  having  placed  in  the  classified  service  the  laborers  in  question, 
is  set  forth  above. 

ACT  MARCH  4,  1907,  c.  2907.     (34  Stat.  1256.) 

Appointments,   promotions,   and   changes   paid   out   of  lump   funds;    details   of 
employees  from  office  of  Secretary. 

And  hereafter  the  Secretan'  of  Agriculture  is  hereby  authorized 
to  make  such  appointments,  promotions,  and  changes  in  salaries,  to 
be  paid  out  of  the  lump  funds  of  the  several  bureaus,  divisions,  and 
offices  of  the  Department  as  may  be  for  the  best  interests  of  the 
service :  *  *  *  And  the  Secretary  of  Agriculture  is  hereby  author- 
ized and  directed  to  pay  the  salary  of  each  employee  from  the  roll 
of  the  bureau,  independent  division,  or  office  in  which  the  employee 
is  working,  and  no  other:  Provided^  however^  That  details  may  be 
made  from  or  to  the  office  of  the  Secretary  when  necessary  and  the 
services  of  the  person  whom  it  is  proposed  to  detail  are  not  required 
in  that  office;    *    *    * 

Act  March  4,  1907,  c.  2907.  34  Stat..  1280. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  nscal 
year  1908  cited  above.  Provisions  in  the  same  words,  except  the  word 
'"hereafter,"  following  the  word  "And"  at  the  beginning  of  the  para- 


20  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTURE. 

graph,  were  contained  in  the  similar  appropriation  act  for  the  two 
preceding  fiscal  years. 

A  proviso,  here  omitted,  following  the  first  provision  of  this  para- 
graph, and  relating  to  the  maximum  salary  that  may  be  paid  any  classi- 
fied scientific  investigator  or  employee  in  the  city  of  Washington,  is 
superseded  by  a  provision  of  act  May  23,  1910,  c.  255,  set  forth  below. 

A  further  clause  of  the  last  proviso  of  this  provision,  requiring  an 
annual  statement  to  Congress  of  all  appointments,  promotions,  or 
changes  in  salaries  paid  from  lump  funds,  etc.,  is  repealed  by  a  provision 
of  act  March  4,  1911,  c.  238,  set  forth  on  p.  17,  ante. 

ACT  MAY  26,  1910,  c.  256.      (36  Stat.  416.) 

Maximum  salary  of  scientific  investigators  or  employees. 

That  hereafter  the  maximum  salary  of  any  scientific  investigator  in 
the  city  of  Washington,  or  other  employee  engaged  in  scientific  work, 
paid  from  the  general  appropriation,  shall  not  exceed  four  thousand 
dollars  per  annum. 

Act  May  26,  1910,  c.  256,  36  Stat.  440. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1911,  cited  above.  Similar  provisions  were  contained  as  provisos 
annexed  to  provisions  relating  to  appointments,  promotions,  and  changes 
paid  out  of  lump  funds,  in  the  agricultural  appropriation  acts  for  the 
fiscal  years  1906,  1907,  and  1908.  The  word  "hereafter"  was  added  at 
the  beginning  of  the  provisions  to  which  the  said  provisos  were  annexed, 
in  the  acts  for  the  fiscal  years  1907  and  1908;  instead  of  the  words  "  four 
thousand  dollars  "  in  the  provision  as  above  set  forth,  the  words  "  three 
thousand  "  appear  in  the  provisions  of  the  acts  for  1906  and  1907,  and 
"  three  thousand  five  hundred  "  in  the  provision  of  the  act  for  1908 ;  and 
the  words  "paid  from  the  general  appropriation,"  in  the  provisions  as 
above  set  forth,  do  not  appear  in  such  previous  provisions. 

By  the  provisions  of  Rev.  St.,  sec.  2687,  set  forth  on  p.  288.  post,  under 
"Officers,  Clerks,  and  Employees,"  oflicers,  agents,  and  employees  of  the 
United  States  serving  for  less  than  one  year,  shall  not  be  allowed  a 
greater  than  a  pro  rata  of  their  maximum  compensation  for  the  time 
which  they  actually  serve. 

ACT  JUNE  3,  1902,  c.  985.     (32  Stat.  286.) 

Advances  of  money  to  chiefs   of  field  parties,   agricultural   explorers,   special 
agents,  etc.,  upon  bonds  g^ven. 

*  *  *  That  advances  of  public  money  from  the  appropriations 
for  the  Department  of  Agriculture  shall  be  made  by  the  Secretary  of 
Agriculture  only  to  such  chiefs  of  field  parties,  agricultural  explorers, 
special  agents,  and  others  as  shall  have  given  bonds  in  such  sums  as 
the  Secretary  of  Agriculture  shall  direct. 

Act  June  3.  1902,  c.  985,  32  Stat.  303. 

This  is  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1903,  cited  above. 

ACT  MARCH  1,  1899,  c.  325.     (30  Stat.  947.) 

Purchases  or  services  for  the  Department  of  Agriculture. 

That  hereafter  section  thirty-seven  hundred  and  nine  of  the  Kevised 
Statutes  of  the  United  States  shall  not  be  construed  to  applv  to  anv 
purchase  or  service  rendered  in  the  Department  of  Agriculture  when 
the  aggregate  amount  involved  does  not  exceed  the  sum  of  fifty 
dollars. 

Act  March  1,  1899.  c.  325,  30  Stat.  957.    . 

This  i.s  a  i)rovision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1900.  cited  above. 


ESTABLISHMENT  OF   DEPARTMENT.  21 

Rev.  St.  sec.  3709,  mentioned  in  this  provision,  set  forth  on  d  321   ooat 
under  "Contracts,"  requires  that  all  purchases  and  contracts  for  suimlle^ 
or  services  in  the  departments  of  the  Government,  except  for  personal 
services,  shall  be  made  by  advertising  for  proposals. 

ACT  MAECH  4,  1907,  c.  2907.     (34  Stat.  1256.) 

Purchase  of  mileage  books  for  employees  of  the  Department  of  Agriculture. 

Aiid  hereafter  the  Secretary  of  Agriculture  is  authorized  to  pur- 
chase from  appropriations  made  for  traveling  expenses  for  employees 
of  the  Department  of  Agriculture,  mileage  and  mileage  books,  at 
commercial  rates,  in  the  manner  in  which  such  mileage  or  mileage 
books  are  usually  purchased. 

Act  March  4,  1907,  c.  2907,  34  Stat.  1281. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1908,  cited  above. 

ACT  MARCH  4,  1911,  0.  238.     (36  Stat.  1235.) 

Traveling  expenses  and  charges  for  transportation  of  effects,  etc.,  of  officers 
and  employees  of  the  Department  of  Agriculture  transferred  from  one  sta- 
tion to  another. 

That  hereafter  officers  and  emploj^ees  of  the  Department  of  Agri- 
culture transferred  from  one  official  station  to  another  for  permanent 
duty,  when  authorized  by  the  Secretary  of  Agriculture,  may  be 
allowed  actual  traveling  expenses,  including  charges  for  the  transfer 
of  their  effects  and  personal  property  used  in  official  work,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of 
Agriculture. 

Act  March  4,  1911,  c.  238,  36  Stat.  1265. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1912,  cited  above. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Per  diem  allowance  in  lieu  of  subsistence  and  certain  traveling  expenses,  for 
officials  and  employees  of  the  Department  of  Agriculture. 

That  hereafter,  when  officials  and  employees  of  the  Department  of 
Agriculture  are  traveling  on  official  business  in  the  United  States, 
they  may  be  allowed  necessary  railroad  and  steamboat  fares,  sleeping 
berth,  and  stateroom  on  steamboats,  livery  hire  and  stage  fare,  ana 
other  means  of  conveyance  betw^een  points  not  accessible  by  railroad, 
but  in  lieu  of  subsistence  and  all  other  traveling  expenses  they  may 
receive  a  per  diem  allowance,  to  be  fixed  by  the  Secretary  in  each 
case,  in  addition  to  their  regular  salaries,  subject  to  such  rules  and 
regulations  as  the  Secretary  of  Agriculture  may  prescribe. 

Reimbursement  for  street-car  fares  for  officials  and  employees  of  the  Depart- 
ment of  Agriculture. 

That  hereafter  officials  and  employees  of  the  Department  of  Agri- 
culture may,  when  authorized  by  the  Secretary  of  Agriculture,  re- 
ceive reimbursement  for  moneys  expended  for  street-car  fares  at  tjieir 
official  headquarters  when  expended  in  the  transaction  of  official 
business. 

Act  August  10.  1912,  c.  284,  37  Stat.  300. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


22  LAWS  APPLICABLE   TO  DEPAETMENT  OP  AGRICULTURE. 

ACT  MARCH  4,  1909,  c.  301.     (35  Stat.  1039.) 

Assignments  of  pay  by  employees  of  the  Department  of  Agriculture. 

And  hereafter  the  Secretary  of  Agriculture  is  authorized  to  permit 
employees  of  the  Department  of  Agriculture  to  make  assignments  of 
their  pay,  under  such  regulations  as  he  may  prescribe,  during  such 
time  as  they  may  be  in  the  employ  of  the  said  department. 

Powers  and  duties  of  watchmen  of  Department  of  Agriculture. 

And  hereafter  all  duly  and  lawfully  constituted  and  appointed 
watchmen  of  the  Department  of  Agriculture  stationed  in  and  upon 
the  buildings  and  premises  of  said  department  in  the  city  of  Wash- 
ington, District  of  Columbia,  shall  have  and  perform  the  same  powers 
and  duties,  while  on  duty  in  and  about  said  premises,  as  the  Metro- 
politan police  of  the  District  of  Columbia. 

Act  March  4,  1909,  c.  301.  35  Stat.  1057. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1910,  cited  above. 

ACT  MAY  23,  1908,  c.  192.     (35  Stat.  251.) 

leaves  of  absence  to  employees  of  the  Department  of  Agriculture   outside  of 
Washington. 

Leave  of  absence:  The  employees  of  the  Department  of  Agi'icul- 
ture,  outside  of  the  city  of  AVashington,  may  hereafter,  in  the  discre- 
tion of  the  Secretary  of  Agriculture,  be  granted  leave  of  absence  not 
to  exceed  fifteen  days  in  any  one  year,  which  leave  may  in  exceptional 
and  meritorious  cases  where  such  an  employee  is  ill,  be  extended,  in 
the  discretion  of  the  Secretary  of  Agriculture,  not  to  exceed  fifteen 
days  additional  in  any  one  year. 

Act  May  23,  1908,  c.  192,  35  Stat.  267. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above.  This  provision  supei'sedes  .similar  provisions 
relating  to  the  employees  of  the  Weather  Bureau,  the  Bureau  of  Animal 
Industry,  the  Bureau  of  Plant  Industry,  the  Forest  Service,  the  Bureau 
of  Chemlstrj',  and  the  experiment  stations  in  Alaska,  Hawaii,  and  Porto 
Rico,  in  the  agricultural  appropriation  acts  for  the  fiscal  year  1908,  and 
previous  fiscal  years. 

Provisions  of  act  March  3,  1893,  c.  211,  and  act  July  7,  1898,  c.  571,  re- 
lating to  leave  of  absence  of  clerks  and  employees  in  the  executive  depart- 
ments in  general,  are  set  forth  on  pp.  292,  293,  post,  under  "Officers. 
Clerks,  and  Employees." 

ACT  MARCH  4,  1907,  c.  2907.     (34  Stat.  1256.) 

Sale  of  prints  and  lantern  slides  from  photographic  negatives  of  the  Depart- 
ment of  Agriculture. 

And  hereafter  tlic  Secretary  of  Agriculture  is  hereby  authorized  to 
furnish,  upon  application,  prints  and  lantern  slides  from  negatives 
in  the  possession  of  the  department  and  to  charge  for  the  same  a  price 
to  cover  the  cost  of  preparation,  such  price  to  be  determined  and  es- 
tablij-liod  by  the  Secretary  of  Agriculture,  and  the  money  received 
from  ^iK-h  sales  to  be  deposited  in  the  Treasur}^  of  the  United  States. 

Act  March  4,  1907,  c.  2907,  34  Stat.  1281. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1908,  cited  above.  A  provision  in  the  same  words,  except  the  word 
"hereafter,"  was  contained  in  the  similar  act  for  the  preceding  fiscal 
year. 

A  provision  of  the  same  act,  for  the  disposition  of  photographic  prints, 
lantern  slides,  etc.,  forest  maps,  and  condemne<l  property  or  material  of 
the  Forest  Service,  is  set  forth  on  p.  172,  post,  under  "  Forest  Service." 


ESTABLISHMENT   OF   DEPARTMENT.  23 

Disposition  of  accumulations  of  department  files  and  obsolete  or  worthless  docu- 
ments or  publications. 

And  hereafter  the  Secretary  of  Agriculture  is  authorized  to  sell  as 
waste  waste  paper,  or  otherwise  to  dispose  of  the  accumulation  of 
Department  files  which  do  not  constitute  permanent  records,  and  all 
other  documents  and  publications  which  have  become  obsolete  or 
worthless. 

Act  March  4,  1907,  c.  2907,  34  Stat.  1281. 

This  is  a  further  provision  of  the  agricultural  appropriation  act  for 
the  fiscal  year  1908,  cited  above. 

Provisions,   applicable  to  all  the  departments,  for  the  disposition  of 
accumulations  of  useless  papers,  contained  in  act  February  16,  1889    c 
171.  are  set  forth  on  p.  376,  post. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Purchase  from  appropriation  for  "  Contingent  expenses.  Department  of  Agricul- 
ture," of  stationery,  supplies,  furniture,  etc.,  for  bureaus,  divisions,  and 
offices. 

*  *  *  That  hereafter  the  Secretary  of  Agriculture  may  pur- 
chase stationery,  supplies,  furniture,  and  miscellaneous  materials  from 
this  appropriation  ["Contingent  expenses,  Department  of  Agricul- 
ture,"] and  transfer  the  same  at  actual  cost  to  the  various  bureaus, 
divisions,  and  offices  of  the  Department  of  Agriculture  in  the  city  of 
Washington,  reimbursement  therefor  to  be  made  to  this  appropria- 
tion b}^  said  bureaus,  divisions,  and  offices  from  their  lump-fund 
appropriations  by  transfer  settlements  through  the  Treasury  De- 
partment: Provided  further.  That  the  Secretary  of  Agriculture  may 
hereafter  exchange  typewriters  and  computing,  addressing,  and 
duplicating  machines  purchased  from  any  lump-fund  appropriation 
of  the  Department  of  Agriculture. 

These  are  provisos  annexed  to  the  appropriation  for  "  Contingent  ex- 
penses, Department  of  Agriculture,"  in  the  agricultural  appropriation  act 
for  the  fiscal  year  1913,  cited  above. 

ACT  AUGUST  5,  1909,  c.  6.     (36  Stat.  11.) 

Plants,  etc.,  imported  by  the  Department  of  Agriculture,  exempt  from  duty. 

That  on  and  after  the  day  following  the  passage  of  this  Act,  except 
as  otherwise  specially  provided  for  in  this  Act,  the  articles  mentioned 
in  the  following  paragraphs  shall,  when  imported  into  the  United 
States  or  into  any  of  its  possessions  (except  the  Philippine  Islands 
and  the  islands  of  Guam  and  Tutuila),  be  exempt  from  duty : 
******* 

652.  Plants,  trees,  shrubs,  roots,  seed  cane,  and  seeds,  imported  by 
the  Department  of  Agriculture  or  the  United  States  Botanic  Garden. 

Act  August  5,  1909,  c.  6,  s.  1,  36  Stat.  71,  78. 

This  is  a  provision  of  "An  act  to  provide  revenue,  equalize  duties  and 
encourage  the  industries  of  the  United  States,  and  for  other  purposes," 
cited  above. 

ACT  JANUARY  12,  1895,  c.  23,  s.  73.     (28  Stat.  601.) 

Extra  copies  of  Annual  Report  of  the  Secretary  of  Agriculture;  subject  matter; 
number  of  copies;  illustrations. 

Sec.  73.  Extra  copies  of  documents  and  reports  shall  be  printed 
promptly  when  the  same  shall  be  readv  for  publication,  and  shall  be 
bound  in  paper  or  cloth  as  directed  by  the  Joint  Committee  on  Print- 


24  LAWS  APPLICABLE  TO  DEPARTMENT  OF  AGRICULTURE. 

ing,  and  shall  be  of  the  number  following  in  addition  to  the  usual 
number : 

The  Annual  Report  of  the  Secretary  of  Agriculture  shall  hereafter 
be  submitted  and  printed  in  two  parts,  as  follows:  Part  one,  which 
shall  contain  purely  business  and  executive  matter  which  it  is  neces- 
sary for  the  Secretary  to  submit  to  the  President  and  Congress ;  part 
two,  which  shall  contain  such  reports  from  the  different  bureaus  and 
divisions,  and  such  papers  prepared  by  their  special  agents,  accom- 
panied by  suitable  illustrations  as  shall,  in  the  opinion  of  the  Secre- 
tary, be  specially  suited  to  interest  and  instruct  the  farmers  of  the 
country,  and  to  include  a  general  report  of  the  operations  of  the 
Department  for  their  information.  There  shall  be  printed  of  part 
one,  one  thousand  copies  for  the  Senate,  two  thousand  copies  for  the 
House,  and  three  thousand  copies  for  the  Department  of  Agriculture ; 
and  of  part  two,  one  hundred  and  ten  thousand  coj)ies  for  the  use  of 
the  Senate,  three  hundred  and  sixty  thousand  copies  for  the  use  of 
the  House  of  Representatives,  and  thirt}^  thousand  copies  for  the  use 
of  the  Department  of  Agriculture,  the  illustrations  for  the  same  to 
be  executed  under  the  supervision  of  the  Public  Printer,  in  accord- 
ance with  directions  of  the  Joint  Committee  on  Printing,  said  illus- 
trations to  be  subject  to  the  approval  of  the  Secretary  of  Agriculture; 
and  the  title  of  each  of  the  said  parts  shall  be  such  as  to  show  that 
such  part  is  complete  in  itself :     *     *     * 

Act  January  12,  1895,  c.  23,  s.  73,  28.Stot.  612. 

These  are  provisions  of  "An  act  providing  for  the  public  printing  and 
binding  and  the  distribution  of  public  documents,"  cited  above. 

A  provision  of  this  section,  authorizing  the  printing  and  binding  of 
extra  copies  of  the  Annual  Report  of  the  Chief  of  the  Weather  Bureau, 
is  set  forth  on  p.  37,  post,  under  "  Weather  Bureau,"  and  a  similar  pro- 
vision of  the  same  section  relating  to  the  Report  of  the  Bureau  of  Animal 
Industry,  is  set  forth  on  p.  71,  post,  under  "  Bureau  of  Animal  Industry." 

The  preparation  and  printing  of  the  Annual  Report  of  the  Director  of 
the  Office  of  Experiment  Stations  is  authorized  by  Res.  April  27,  1904, 
No.  29,  set  forth  on  p.  253,  post,  under  "  Office  of  Experiment  Stations." 

Appropriations  for  printing  and  binding  for  the  Department  of  Agri- 
culture, including  the  Annual  Report  of  the  Secretary  of  Agriculture,  are 
made  in  the  annual  sundry  civil  appropriation  acts.  The  provision  of 
the  act  for  the  H.scal  year  1913,  act  August  24,  1912,  c.  355,  is  set  forth 
on  p.  229,  post,  under  "  Division  of  Publications." 

Number  of  copies  of  monthly  crop  report,  and  other  reports  and  bulletins  of 
Department  of  Agriculture,  and  maps,  charts,  bulletins,  and  minor  reports 
of  Weather  Bureau. 

*  *  *  The  Secretary  of  Agriculture  may  print  such  number  of 
copies  of  the  monthly  crop  report,  and  of  other  reports  and  bulletins 
containing  not  to  exceed  one  hundred  octavo  pages,  as  he  shall  deem 
requisite;  and  this  provision  shall  apply  to  the  maps,  charts,  bulletins, 
and  minor  reports  of  the  Weather  Bureau,  which  shall  be  printed  in 
such  numbers  as  the  Secretary  of  Agriculture  may  deeni  for  the  best 
interests  of  the  Government:     *     *     * 

Act  January  12,  1895.  c.  23,  s.  89,  28  Stat.  622. 

This  is  a  proviso  of  the  act  citeil  above.  Portions  of  said  section 
hero  omitted  are  applicable  to  all  the  executive  departments,  and  are  set 
forth  on  {).  365,  post,  under  "  Public  Printing." 

Provisions  relating  to  the  preparation,  contents,  etc.,  of  the  monthly 
crop  reports,  contained  in  act  March  4,  1909,  c.  301,  are  set  forth  on  p.  232, 
post,  under  "  Bureau  of  Statistics." 


ESTABLISHMENT  OF  DEPARTMENT.  25 

BES.  JUNE  30,  1906,  No.  51.    Jolut  resolution  relative  to  the  printing  of  twelve 
thousiiuil  copies  of  the  report  ou  the  progress  of  tbe  beet-sugar  iudustrv 
(34  Stat.  839.) 

Annual  printing  and  distribution  of  report  on  the  beet-sugar  industry. 

That  there  be  printed  twelve  thousand  copies  of  the  report  on  the 
progress  of  the  beet-sugar  industry  in  the  United  States  in  nineteen 
hundred  and  five;  one  thousand  copies  for  the  use  of  the  Senate,  tliree 
thousand  copies  for  the  use  of  the  House  of  Representatives,  and  eight 
thousand  copies  for  the  use  of  the  Department  of  Agriculture,  and 
that  the  Secretary  of  Agriculture  be  authorized  to  print  and  distribute 
annually  hereafter  eight  thousand  copies  of  such  annual  reports  cov- 
ering the  progress  of  the  beet-sugar  industry :  Provided,  That  the 
preparation  and  publication  of  such  annual  reports  shall  be  within 
the  discretion  of  the  Secretary  of  Agriculture. 

Res.  June  30,  1906,  No.  51,  34  Stat.  839. 

ACT  MARCH  3,  1899,  c.  458.     (30  Stat.  1377.) 

Use  of  Potomac  Park  by  Department  of  Agriculture  as  testing  grounds. 

That  the  Secretary  of  War  is  authorized  to  grant  permission  to  the 
Department  of  Agriculture  for  the  temporary  occupation  of  such 
area  or  areas  of  Potomac  Park,  not  exceeding  a  total  of  seventy-five 
acres  in  extent,  as  may  not  be  needed  in  any  one  season  for  the  recla- 
mation or  park  improvement,  the  said  areas  to  be  used  by  the  Depart- 
ment of  Agriculture  as  testing  grounds:  Provided^  That  nothing 
herein  contained  shall  be  construed  to  change  the  essential  character 
of  the  lands  so  used,  which  lands  shall  continue  to  be  a  public  park, 
as  provided  in  the  Act  of  Congress  approved  March  third,  eighteen 
hundred  and  ninety-seven:  And  provided  further^  That  said  area  or 
areas  shall  be  vacated  by  the  Department  of  Agriculture  at  the  close 
of  any  season  upon  the  request  of  the  Secretary  of  War:  And  pro- 
vided further,  That  the  entire  park  shall  remain  under  the  charge  of 
the  Secretary  of  War. 

Act  March  3,  1899,  c.  458,  s.  2,  30  Stat.  1378. 

This  is  a  paragraph  of  section  2  of  "An  act  relative  to  the  control  of 
wharf  property  and  certain  public  spaces  in  the  District  of  Columbia," 
cited  above. 

ACT  APRIL  18,  1900,  0.  243.  An  act  to  set  apart  a  portion  of  the  Arlington 
estate  for  experimental  agricultural  purposes,  and  to  place  said  portion 
under  the  jurisdiction  of  the  Secretary  of  Agriculture  and  his  successors 
in  office.     (31  Stat.  135.) 

Portion  of  Arlington  estate  placed  under  jurisdiction  of  Secretary  of  Agri- 
culture. 

That  jurisdiction  is  hereby  transferred  and  given  to  the  Secretary 
of  Agriculture  and  his  sucessors  in  office  over  so  much  of  the  Gov- 
ernment land  in  Alexandria  County,  Virginia,  known  as  the  Arling- 
ton estate,  as  lies  east  of  the  public  road  leading  from  the  Aqueduct 
Bridge  to  Alexandria,  Virginia,  otherwise  called  the  Georgetown 
and  Alexandria  road,  and  between  said  road  and  the  Potomac  River, 
containing  about  four  hundred  acres,  with  the  exception,  however, 
of  a  strip  of  land  as  follows,  commencing  at  the  point  where  the 
Georgetown  and  Alexandria  road  enters  the  Arlington  estate  on  the 
north  side,  thence  along  said  road  six  hundred  and  twenty-five  yards, 


26  LAWS   APPLICABLE   TO   DEPAKTMENT   OF   AGRICULTUEE. 

thence  in  a  line  perpendicular  to  said  road  to  the  Chesapeake  and 
Ohio  Canal,  thence  along  said  canal  to  the  south  line  of  the  reserva- 
tion, jurisdiction  over  which  is  retained  by  the  Secretary  of  War. 

Act  April  18,  1900,  c.  243,  s.  1,  31  Stat.  135. 

This  section  is  construed  by  a  provision  of  the  argicultural  appropri- 
ation act  for  the  fiscal  year  1903,  act  June  3,  1902,  c.  985,  set  forth 
below.  In  the  words  "  thence  along  said  canal  to  the  south  line  of  the 
reservation,  jurisdiction  over  which  is  retained  by  the  Secretary  of  War," 
of  the  section  as  above  set  forth,  the  word  "  north  "  is  substituted  for  the 
word  "  south,"  and  the  words  "  jurisdiction  over  which  is  retained  by 
the  Secretary  of  War"  are  omitted. 

Use  of  land  as  a  general  experimental  farm. 

Sec.  2.  That  the  declared  purpose  of  this  Act  is  to  set  apart  said 
tract  of  land  as  a  general  experimental  farm  in  its  broadest  sense, 
where  all  that  pertains  to  agriculture  in  its  several  and  different 
branches,  including  animal  industry  and  horticulture,  may  be  fostered 
and  encouraged,  and  the  practice  and  science  of  farming  in  the 
United  States  advanced,  promoted,  and  practically  illustrated. 

Act  April  18,  1900,  c.  243,  s.  2,  31  Stat.  136. 
Control,  improvement,  and  management  of  land. 

Sec.  3.  That  the  Secretary  of  Agriculture  will  take  immediate  and 
absolute  control  of  said  property  described  in  section  one,  and  by 
clearing,  underdraining,  grassing,  laying  out  proper  roads  and  drive- 
ways, constructing  proper  bridges  and  buildings,  and  in  other  ways 
as  his  judgment  may  dictate  bring  said  property  as  rapidly  as  possi- 
ble into  the  proper  condition  to  answer  the  purposes  for  which  it  is 
set  apart:  Provided^  That  all  improvements  of  or  which  may  at  any 
time  be  made  upon  said  premises,  as  herein  contemplated,  shall  be  so 
located,  constructed,  and  maintained  as  not  to  interfere  with  or 
obstruct  the  natural  waterways  or  the  sewers  or  other  means  now 
established  or  which  may  hereafter  be  provided,  constructed,  or  main- 
tained for  the  purpose  of  affording  proper  drainage  and  sewerage  to 
the  other  portions  of  said  estate:  And  provided  further^  That  this  Act 
shall  not  impair  or  interfere  with  any  of  the  rights  heretofore  granted 
by  Act  of  Congress  to  the  Washington,  Alexandria  and  Mount  Ver- 
non Hailway  Company  to  construct,  maintain,  and  operate  its  electric 
railroad  across  the  said  portion  of  the  estate  lying  east  of  said  public 
road. 

Act  April  18,  1900,  c.  243,  s.  3,  31  Stat.  136. 
Authority  to  carry  out  purposes  of  act. 

Sec.  4.  That  in  the  development,  improvement,  and  management  of 
said  property  full  discretion  is  hereby  given  the  Secretary  of  Agri- 
cultuj-e  and  his  successors  in  office  to  carry  into  effect  the  declared 
purposes  of  this  Act. 

Act  April  18,  1900,  c.  243,  s.  4,  31  Stat.  136. 
Time  of  taking  effect  of  act. 

Sec.  5.  That  this  Act  shall  be  in  force  from  its  passage. 

Act  April  18,  1900,  c.  243,  s.  5,  31  Stat.  136. 

Appropriations  for  the  necessary  improvements  to  establish  and  main- 
tain a  general  experiment  farm  nnd  agricultural  station  on  the  Arlington 
cstiito  iire  madt'  in  the  agricultural  npiiroi)riatiou  acts  for  the  fiscal  years 
1901  and  thereafter.  The  provision  of  the  act  for  the  fiscal  year  1913  is 
set  forth  on  p.  85,  post. 


ESTABLISHMENT   OF   DEPARTMENT.  27 

ACT  JUNE  3.  1902,  c.  985.     (32  Stat.  286.) 

Construction  of  act  setting  apart  portion  of  Arlington  estate  for  experimental 
agricultural  purposes. 

Arlington  Experimental  Farm  :  To  enable  the  Secretary  of  Api- 
culture to  continue  the  necessary  improvements  to  establish  and  main- 
tain a  general  experimental  farm  and  agricultural  station  on  the 
Arlington  estate,  in  the  State  of  Virginia,  including  employment  of 
labor  in  the  city  of  Washington  or  elsewhere,  in  accordance  with  tiie 
provisions  of  the  Act  of  Congress  approved  April  eighteenth,  nineteen 
hundred,  entitled  "An  Act  to  .set  apart  a  portion  of  the  Arlington  es- 
tate for  exjierimental  agricultural  purposes,  and  to  place  .<aid  portion 
under  the  jurisdiction  of  the  Secretary  of  Agriculture  and  his  suc- 
cessors in  office,"  which  Act  shall  be  construed  to  confer  upon  the 
Secretary  of  Agriculture  and  his  successors  jurisdiction  over  so  much 
of  the  Government  land  in  Alexandria  County,  Virginia,  known  as 
the  Arlington  estate,  as  lies  east  of  the  public  road  leading  from  the 
Aqueduct  Bridge  to  Alexandria,  Virginia,  otherwise  called  the  George- 
town and  Alexandria  road,  and  between  said  road  and  the  Potomac 
River,  containing  about  four  hundred  acres,  with  the  exception,  how- 
ever, of  a  strip  of  land  as  follows:  Commencing  at  the  point  where 
the  Georgetown  and  Alexandria  road  enters  the  Arlington  estate  on 
the  north  side,  thence  along  said  road  six  hundred  and  twenty-five 
yards,  thence  in  a  line  perpendicular  to  said  road  to  the  Chesapeake 
and  Ohio  Canal,  thence  along  said  canal  to  the  north  line  of  the 
reservation,     *     *     * 

Act  June  3,  1902,  c.  985,  32  Stat.  293. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the 
fiscal  year  1903,  cited  above.  The  provisions  are  repeated  in  the  same 
words  in  the  similar  appropriation  acts  for  the  fiscal  years  thereafter 
to  an  including  1906. 

The  act  mentioned  above,  act  April  18,  1900,  c.  243,  is  set  forth  above. 

ACT  FEBRUARY  9,  1903,  c.  528.    An  act  for  the  erection  of  a  building  for  the 
use  and  accommodation  of  the  Department  of  Agriculture.     (.32  Stat.  806.) 

Construction  of  a  building  for  Department  of  Agriculture;  plans;  contracts. 

That  the  Secretary  of  Agriculture  be,  and  he  is  hereby,  authorized 
and  directed  to  cause  a  suitable  and  commodious  fireproof  building, 
for  the  use  and  accommodation  of  the  Department  of  Agriculture, 
including  all  of  its  Bureaus  and  offices  now  occupying  rented  quarters 
in  the  District  of  Columbia,  to  be  erected  on  such  portion  of  the 
grounds  of  the  Department  of  Agriculture  belonging  to  the  United 
"states  as  he  may  deem  expedient,  immediately  in  the  vicmity  of  the 
present  building,  said  building  to  be  constructed  in  accordance  with 
plans,  to  be  procured,  based  on  accurate  estimates,  providing  for  the 
erection  of  said  building,  complete  in  all  of  its  details,  as  herein 
described,  and  within  a  total  cost  of  not  exceeding  the  sum  herein 
stipulated,  and  he  is  hereby  authorized,  after  procuring  .'^uch  plans, 
and  after  due  advertisement  for  proposals,  to  enter  into  contracts 
within  the  limit  of  cost  hereby  fixed  and  subject  to  appropriations  to 
be  made  bv  Congress,  for  the  erection  of  said  building  complete, 
including  heating  and  ventilating  apparatus,  elevators,  and  ap- 
proachestand  the  removal  of  the  present  building  or  buildings  of  the 
Department  of  Agriculture  on  said  grounds. 

Act  February  9,  1903,  c.  528,  s.  1,  32  Stat.  806. 


28  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

Supervision  of  construction. 

Sec.  2.  That  the  supervision  of  the  construction  of  said  building 
shall  be  placed  in  charge  of  an  officer  of  the  Government  especially 
qualified  for  the  duty,  to  be  appointed  by  the  Secretary  of  Agricul- 
ture, subject  to  the  approval  of  the  head  of  the  department  in  which 
such  officer  is  employed,  who  shall  receive  for  his  additional  services 
an  increase  of  twenty-five  per  centum  of  his  present  salary,  such 
increase  to  be  paid  out  of  the  appropriation  for  the  building  herein 
authorized. 

Act  February  9,  1903,  c.  528,  s.  2,  32  Stat.  806. 
Limit  of  cost. 

Sec.  3.  That  the  limit  of  cost  for  the  construction  of  said  building 
complete,  including  heating  and  ventilating  apparatus,  elevators,  and 
approaches,  and  the  cost  for  removal  of  the  present  building  or 
buildings  of  the  Department  of  Agriculture,  is  hereby  fixed  at  one 
million  five  hundred  thousand  dollars,  and  no  contract  shall  be  en- 
tered into  or  expenditure  authorized  in  excess  of  said  amount. 

Act  February  9,  1903,  c.  528,  s.  3,  32  Stat.  806. 

RES.  APRIL  12,  1892,  No.  8.  Joint  resolution  to  encourage  the  establishment 
and  endowment  of  institutions  of  learning  at  the  national  capital  by  defin- 
ing the  policy  of  the  Government  with  reference  to  the  use  of  its  literary 
and  scientific  collections  by  students.     (27  Stat.  395.) 

Facilities  for  research  and  illustration  in  the  Department  of  Agriculture  acces- 
sible to  scientific  investigators  and  students. 

Whereas,  large  collections  illustrative  of  the  various  arts  and 
sciences  and  facilitating  literary  and  scientific  research  have  been 
accumulated  by  the  action  of  Congress  through  a  series  of  years  at  the 
national  capital ;  and 

Whereas  it  was  the  original  purpose  of  the  Government  thereby 
to  promote  research  and  the  diffusion  of  knowledge,  and  is  now  the 
settled  policy  and  present  practice  of  those  charged  with  the  care 
of  these  collections  specially  to  encourage  students  who  devote  their 
time  to  the  investigation  and  study  of  any  branch  of  knowledge  by 
allowing  to  them  all  proper  use  thereof;  and 

Whereas  it  is  represented  that  the  enumeration  of  these  facilities 
and  the  formal  statement  of  this  policy  will  encourage  the  estab- 
lishment and  endowment  of  institutions  of  learning  at  the  scat  of 
(lovernment.  and  promote  the  work  of  education  by  attracting  stu- 
dents to  avail  themselves  of  the  advantages  aforesaid  under  the  direc- 
tion of  competent  instructors:  Therefore, 

Resolved.,  *  *  ♦  xhat  the  facilities  for  research  and  illustra- 
tion in  the  following  and  any  other  Governmental  collections  now 
existing  or  hereafter  to  be  established  in  the  city  of  Washington  for 
the  promotion  of  knowledge  shall  be  accessible,  under  such  rules  and 
restrictions  as  the  officers  in  charge  of  each  collection  may  prescribe, 
subject  to  such  authority  as  is  now  or  may  hereafter  be  permitted  by 
law,  to  the  scientific  investigators  and  to  students  of  any  institution 
of  higher  education  now  incorporated  or  hereafter  to  be  incorporated 
under  the  laws  of  Congress  or  of  the  District  of  Columbia,  to  wit: 

One.  Of  the  Library  of  Congress. 

Two.  Of  tlie  National  Museum. 


ESTABLISHMENT   OP   DEPARTMENT.  29 

Three.  Of  the  Patent  Office. 

Four.  Of  the  Bureau  of  Education, 

Five.  Of  the  Bureau  of  Ethnolotry- 

Six.  Of  the  Army  Medical  Museum. 

Seven.  Of  the  Department  of  Agriculture. 

Eight.  Of  the  Fish  Commission. 

Nine.  Of  the  Botanic  Gardens. 

Ten,  Of  the  Coast  and  Geodetic  Survey. 

Eleven.  Of  the  Geological  Survey. 

Twelve,  Of  the  Naval  Observatory. 

Res.  April  12,  1892,  No.  8,  27  Stat.  395. 

REV.   ST.   SEC.   1712. 

Reports  by  consuls  on  agricultural  and  horticultural  industries  in  foreign  coun- 
tries, for  use  of  Department  of  Agriculture;  information  to  be  embodied  In 
monthly  crop  reports. 

Sec.  1712.  Consuls  and  commercial  agents  of  the  United  States 
in  foreign  countries  shall  *  *  *  procure  and  transmit  to  the  De- 
partment of  State,  for  the  use  of  the  Agricultural  Department, 
monthly  reports  relative  to  the  character,  condition,  and  prospective 
yields  of  the  agricultural  and  horticultural  industries  and  other 
fruiteries  of  the  country  in  which  they  are  respectively  stationed; 
and  the  Commissioner  of  Agriculture  is  hereby  required  and  directed 
to  embody  the  information  thus  obtained,  or  so  much  thereof  as  he 
may  deem  material  and  important,  in  his  monthly  bulletin  of  crop 
reports. 

Rev.  St.  sec.  1712,  as  amended  by  act  June  18,  1888,  c.  39.3,  25  Stat.  186. 

REV.  ST.  SEC.   1713. 

Reports  by  consular  officers  of  information  pertaining  to  agriculture;  informa- 
tion to  be  Included  in  annual  report  of  Commissioner  [Secretary]  of 
Agriculture. 

Sec,  1713.  Every  consular  officer  shall  furnish  to  the  Secretary'  of 
the  Treasury,  as  oft^n  as  shall  be  required,  the  prices  current  of  all 
articles  of  merchandise  usually  exported  to  the  United  States  from 
the  port  or  place  in  which  he  is  situated;  and  he  shall  also  furnish 
to  the  Secretary  of  the  Treasury,  at  least  once  in  twelve  months,  the 
prices  current  of  all  articles  of  merchandise,  including  those  of  the 
farm,  the  garden,  and  the  orchard,  that  are  imported  through  the 
port  or  place  in  which  he  is  stationed.  And  he  shall  also  report  as  to 
the  character  of  agricultural  implements  in  use,  and  whether  they  are 
imported  to  or  manufactured  in  that  country;  as  to  the  character 
and  extent  of  agricultural  ajid  horticultural  pursuits  there.  That 
part  of  the  information  thus  obtained  which  pertains  to  agriculture 
shall  be  transmitted  by  the  Secretary  of  the  Treasury,  as  soon  as  the 
same  shall  have  been  received  by  him,  to  the  Commissioner  of  Agri- 
culture, who  shall  include  the  same,  or  so  much  thereof  as  he  may 
deem  material  and  important,  in  his  annual  reports,  stating  the  said 
prices  in  dollars  and  cents,  and  rendering  tables  of  foreign  weights 
and  measures  into  their  American  equivalents. 

Rev.  St,  sec.  1713,  as  amended  by  act  June  18,  1888.  c.  393,  25  Stut.  186. 


30  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTUEE. 

ACT  AUGUST  10,  1912,  c.  284.  An  act  making  appropriations  for  the  Depart- 
ment of  Agriculture  for  tlie  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  thirteen.     (37  Stat.  269.) 

That  the  following  sums  be,  and  they  are  hereb}^,  appropriated. 
Jilt  of  an}'  money  in  the  Treasury  of  the  United  States  not  otherwise 
appropriated,  in  full  compensation  for  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  thirteen,  for  the  purposes  and  objects 
hereinafter  expressed,  namely: 

DEPARTMENT  OF  AGRICULTURE. 

Sai^ries,  Ofeice  of  the  Secretary  of  Agriculture  :  Secretary  of 
Agriculture,  twelve  thousand  dollars;  Assistant  Secretary  of  Agricul- 
ture, five  thousand  dollars;  solicitor, five  thousand  dollars;  chief  clerk, 
three  thousand  dollars,  and  five  hundred  dollars  additional  as  cus- 
todian of  buildings ;  private  secretary  to  the  Secretary  of  Agriculture, 
two  thousand  five  hundred  dollars;  stenographer  and  executive  clerk 
to  the  Secretary  of  Agriculture,  two  thousand  two  hundred  and  Mty 
dollars;  private  secretary  to  the  Assistant  Secretary  of  Agriculture, 
one  thousand  six  hundred  dollars;  stenographer  to  the  Assistant 
Secretary  of  Agriculture,  one  thousand  four  hundred  dollars;  one 
appointment  clerk,  two  thousand  dollars;  one  chief  of  supply  divi- 
sion, two  thousand  dollars;  one  inspector,  two  thousand  seven  hun- 
dred and  fifty  dollars;  one  law  clerk,  at  three  thousand  dollars;  two 
law  clerks,  at  two  thousand  five  hundred  dollars  each ;  one  law  clerk, 
two  thousand  two  hundred  dollars;  ten  law  clerks,  at  two  thousand 
dollars  each;  eight  law  clerks,  at  one  thousand  eight  hundred  dollars 
each;  three  law  clerks,  at  one  thousand  six  hundred  dollars  each; 
one  telegraph  and  telephone  operator,  one  thousand  six  hundred 
dollars;  two  clerks,  class  four;  six  clerks,  class  three;  ten  clerks,  class 
two;  eighteen  clerks,  class  one;  eight  clerks,  at  one  thousand  dollars 
each;  six  clerks,  at  nine  hundred  dollars  each;  one  clerk,  eight  hun- 
dred and  forty  dollars;  twelve  messengers  or  laborers,  at  eight  hun- 
dred and  forty  dollars  each;  ten  assistant  messengers  or  laborers,  at 
seven  hundred  and  twenty  dollars  each;  one  chief  engineer,  who  shall 
be  captain  of  the  watch,  two  thousand  dollars;  one  assistant  chief 
engineer,  one  thousand  four  hundred  dollars;  one  assistant  engineer, 
one  thousand  two  hundred  dollars;  two  assistant  engineers,  at  one 
thousand  dollars  each;  seven  firemen,  at  seven  hundred  and  twenty 
dollars  each ;  eight  elevator  conductors,  at  seven  hundred  and  twenty 
dollars  each ;  one  construction  inspector,  one  thousand  four  hundred 
dollai-s;  five  cabinetmakers  or  carpenters,  at  one  thousand  two  hun- 
dred dollars  each;  two  cabinetmakers  or  carpenters,  at  one  thousand 
one  hundred  dollars  each ;  eight  cabinetmakers  or  carpenters,  at  one 
thousand  and  twenty  dollars  each;  two  cabinetmakers  or  carpenters, 
at  nine  hundred  dollars  each;  one  electrician,  one  thousand  one  hun- 
dred dollars;  one  electrical  wireman,  one  thousand  dollars;  one 
electrical  wireman.  nine  hundred  dollars;  two  electrician's  helpers, 
at  seven  luindred  and  twenty  dollars  each;  two  painters,  at  one  thou- 
sand dollars  each;  two  painters,  at  nine  hundred  dollars  each;  five 
plumbers  or  st<»am  fitters,  at  one  thousand  and  twenty  dollars  each; 
one  plumber's  helper,  eight  hundred  and  forty  dollars;  two  plumber's 
helpers,  at  seven  hundred  and  twenty  dollars  each;  one  blacksmith, 
nine  hundred  dollars;  one  lieutenant  of  the  Avatch,  one  thousand  dol- 


' 


ESTABLISHMENT   OF   DEPARTMENT.  31 

lars;  thirty-four  watchmen,  at  seven  hundred  and  twenty  doHars 
each;  four  mechanics,  at  one  thousand  two  hundred  dolhirs  each; 
one  skilled  laborer,  nine  hundred  and  sixty  dollars;  one  janitor,  nine 
hundred  dollars;  eighteen  assistant  messengers  or  laborers,  at  six 
hundred  dollars  each;  twenty-one  laborers,  messenger  boys,  or  char- 
women, at  four  hundred  and  eighty  dollars  each;  one  charwoman, 
five  hundred  and  forty  dollars;  ei^ht  charwomen,  at  two  hundred 
and  forty  dollars  each ;  for  extra  labor  and  emergency  employments, 
twelve  thousand  dollars. 

Total  for  Office  of  the  Secretary,  two  hundred  and  ninety-two 
thousand  two  hundred  and  eighty  dollars. 

***♦♦** 

Act  August  10,  1912,  c.  284,  37  Stat.  269. 

Portions  of  this  act,  here  omitted,  consist  of  appropriations  for  salaries 
and  general  expenses  of  the  Weather  Bureau,  Bureau  of  Animal  Industry, 
Bureau  of  Plant  Industry,  Forest  Service,  Bureau  of  Chemistry,  Bureau 
of  Soils,  Bureau  of  Entomology,  Bureau  of  Biological  Survey,  Division  of 
Accounts  and  Disbursements,  Division  of  Publications,  Bureau  of  Statis- 
tics, and  Library.  These  provisions  are  set  forth  hereafter  under  the 
headings  of  the  respective  bureaus,  etc.,  to  which  they  pertain. 

CONTINGENT  EXPENSES. 

Contingent  expenses.  Department  or  Agriculture  :  For  station- 
ery, blank  books,  twine,  paper,  gum,  dry  goods,  soap,  brushes,  brooms, 
mats,  oils,  paints,  glass,  lumber,  hardware,  ice,  fuel,  water  and 
gas  pipes,  heating  apparatus,  furniture,  carpets,  and  matting;  for 
lights,  freight,  express  charges,  advertising,  telegraphing,  telephon- 
ing, postage,  washing  towels,  and  necessary  repairs  and  improvements 
to  buildings,  grounds,  and  heating  apparatus;  for  the  purchase, 
subsistence,  and  care  of  horses  and  the  purchase  and  repair  of 
harness  and  vehicles,  for  official  purposes  only;  for  the  payment  of 
duties  on  imported  articles,  and  the  Department  of  Agriculture's 
proportionate  share  of  the  expense  of  the  dispatch  agent  in  New 
York;  for  official  traveling  expenses;  and  for  other  miscellaneous 
supplies  and  expenses  not  otherwise  provided  for,  and  necessary  for 
the  practical  and  efficient  work  of  the  department,  one  hundred  and 
six  thousand  and  sixty-six  dollars :     *     *     * 

A  proviso,  here  omitted,  authorizing  the  pui'chase  of  stationery,  sup- 
plies, furniture,  and  miscellaneous  materials  from  tbe  appropriation  for 
"  Contingent  exiienses.  Department  of  Agriculture,"  and  the  transfer  of 
the  same  at  cost  to  the  bureaus,  divisions,  and  offices  of  tlie  Department 
in  Washington,  and  the  reimbursement  therefor  of  said  appropriation 
from  lump-sum  appropriations  of  the  bureaus,  divisions,  and  offices  by 
transfer  settlements  through  the  Treasury  Department;  and  a  proviso 
authorizing  the  exchange  of  typewriters  and  computing,  addressing,  and 
duplicating  machines  purchased  from  any  lump-sum  appropriation  of  the 
Department  of  Agriculture;  are  set  forth  on  p.  23,  ante. 

RENT  IN    THE   DISTRICT   OF   COLUMBIA. 

Kent  of  buildings.  Department  of  Agriculture:  For  rent  of 
buildings  and  parts  of  buildings  in  the  District  of  Columbia  for  use 
of  the  various  bureaus,  divisions,  and  offices  of  the  Department 
of  Agriculture,  namely :  i     •  i       / 

For  Bureau  of  Animal  Industry^,  three  thousand  and  eighty-four 

dollars ; 


32  LAWS  APPLICABLE   TO  DEPARTMENT   OF   AGRICULTURE. 

For  Bureau  of  Plant  Industry,  twenty-three  thousand  eight  hun- 
dred and  thirty  dollars; 

For  Forest  Service,  twenty -five  thousand  and  seventy-five  dollars; 

For  Bureau  of  Chemistry,  seventeen  thousand  three  hundred  and 
twenty  dollars. 

For  Bureau  of  Soils,  three  hundred  and  sixty  dollars; 

For  Division  of  Publications,  five  thousand  dollars. 

For  Office  of  Solicitor,  two  thousand  one  hundred  and  sixty  dollars ; 

For  Office  Experiment  Stations,  five  thousand  dollars ; 

For  Office  of  Public  Roads,  three  thousand  five  hundred  dollars; 

For  additional  rent  in  cases  of  emergency  for  any  bureau,  division, 
or  office  of  the  department,  ten  thousand  dollars ; 

In  all,  ninety-five  thousand  three  hundred  and  twenty-nine  dollars, 
tt  *****  * 

Act  August  10,  1912,  c.  284,  37  Stat.  296. 

Portions  of  this  act,  here  omitted,  relating  to  salaries  and  general  ex- 
penses of  Office  of  Experiment  Stations  and  Office  of  Public  Koads,  are 
set  forth  below  under  the  respective  headings  of  these  offices. 

And  not  to  exceed  ten  per  centum  of  the  foregoing  amounts  for  the 
miscellaneous  expenses  of  the  work  of  any  bureau,  division,  or  office 
herein  provided  for  shall  be  available  interchangeably  for  expendi- 
tures on  the  objects  included  within  the  general  expenses  of  such 
bureau,  division,  or  office,  but  no  more  than  ten  per  centum  shall  be 
added  to  any  one  item  of  appropriation  except  in  cases  of  extraordi- 
nary emergency,  and  then  only  upon  the  written  order  of  the  Secre- 
tary of  Agriculture. 

Total,  Department  of  Agriculture,  for  routine  and  ordinary  work, 
sixteen  million  two  hundred  and  sixty-four  thousand  four  hundred 
and  ninety-six  dollars. 

Act  August  10,  1912,  c.  284.  37  Stat.  300. 

MISCELLANEOUS. 


A  paragraph  of  this  act,  here  omitted,  relating  to  investigations  on  cost 
of  food  supplies,  is  set  forth  on  p.  14,  ante. 

An  appropriation,  here  omitted,  for  the  enforcement  of  the  Insecticide 
Act,  is  set  forth  on  p.  263,  post. 

An  appropriation,  here  omitted,  for  fighting  forest  fires  in  emergency, 
is  set  forth  on  p.  183,  post,  under  "  Forest  Service." 

Paragraphs,  here  omitted,  relating  to  per  diem  in  lieu  of  subsistence  and 
certain  traveling  expenses,  and  reimbursement  for  street-car  fares,  are  set 
forth  on  p.  21.  ante. 

An  appropriation,  here  omitted,  for  carrying  out  the  purposes  of  act 
March  1,  1911,  c.  186,  is  set  forth  on  p.  102,  post,  under  "  Forest  Service." 

To  enable  the  Secretary  of  Agriculture  to  make  an  exhibit  at  the 
next  annual  mooting  of  the  International  Dry  Land  Congress,  to  be 
held  at  Lethbridge,  Alberta,  Canada,  in  October,  nineteen  hundred 
and  twelve,  illustrative  of  the  investigations,  products,  and  processes 
relating  to  farming  in  the  subhumid  region  of  the  United  States,  ten 
thousand  dollars,  to  be  immediately  available. 

That  the  Secretary  of  Agriculture  be,  and  he  hereby  is,  empowered 
to  prepare  from  the  several  divisions  of  the  Department  of  Agricul- 
ture an  exhibit  to  be  displayed  at  the  Fifth  National  Corn  Exposition, 
to  be  held  in  Columbia,  South  Carolina,  from  January  twenty-seventh 
to  February  ninth,  nineteen  hundred  and  thirteen. 


WEATHER   BUREAU.  33 

That  the  said  exhibit  shall  be  of  such  nature  as  the  Secretary  of 
Agriculture  deems  appropriate:  /V>m/e(/,  That  the  Secretary  of  Agri- 
culture shall  make  such  arrangements  with  the  proper  otlicers  of  the 
said  exposition  that  the  Department  of  Agriculture  shall  be  at  no 
expense  for  transportation  of  said  exhibit  to  and  from  the  exposition: 
Provided  fio-ther,  That  the  Secretary  of  Asjriculture  shall  also  make 
such  arrangements  with  the  proper  authorities  of  said  exposition  that 
there  shall  be  no  expense  to  the  department  for  any  breakage  or 
damage  that  may  occur  to  the  exhibit,  nor  for  the  living  expenses  of 
such  appointees  as  he  may  see  fit  to  send  to  said  exposition  to  demon- 
strate the  exhibit  sent. 

******* 

Provisions,  here  omitted,  luaiving  an  appi-opriation  for  investigations  to 
meet  tlie  emergency  causetl  by  tlie  spread  of  the  chestuut-l)arli  disease, 
and  an  appropriation  for  investigating  the  cultivation,  acclimating,  and 
development  of  types  of  potatoes,  and  for  experimentation  and  develop- 
ment of  sugar-beet  seed,  are  set  forth  on  p.  85,  pofit,  under  "  Bureau  of 
Plant  Industry." 

A  provision,  here  omiUed.  exrei)tiiig  employees  in  the  meat-inspection 
service  and  employees  engaged  in  enforcement  of  the  insecticide  act  of 
1910,  from  requirements  a.s  to  detailetl  estimates  for  officers,  clerlis,  and 
employees  of  the  department,  is  set  forth  on  p.  18,  ante. 

Total  carried  by  this  Act  for  the  Department  of  Agriculture,  six- 
teen million  six  hundred  and  tifty-one  thousand  four  hundred  and 
ninety-six  dollars. 

Act  August  10,  1912,  c.  l'S4,  37  Stat.  yOO. 

WEATHER  BUREAU. 

ACT  OCTOBER  1,  1890,  c.  1266.  An  act  to  increase  the  efficiency  and  reduce 
the  expenses  of  the  Signal  Corps  of  I  he  Army,  and  to  transfer  the  Weather 
Service  to  the  Deparrmeiu  of  Agriculture.     {'2*'}  Stat.  653.) 

Establishment  of  the  Bureau. 

That  the  civilian  duties  now  performed  by  the  Signal  Corps  of  the 
Army  shall  hereafter  devolve  upon  a  bureau  to  be  known  as  the 
Weather  Bureau,  which,  on  and  after  July  first,  eighteen  hundred 
and  ninety-one,  shall  be  established  in  and  attached  to  the  Depart- 
ment of  Agriculture,  and  the  Sigiuil  C'orps  of  the  Array  shall  remain 
a  part  of  the  Militar}^  Establishment  under  the  direction  of  the  Secre- 
tary of  War,  and  all  estimates  for  its  support  shall  be  included  with 
other  estimates  for  the  support  of  the  Military  Establishment. 

Act  October  1.  1890,  c.  12(;(;.  s.  1,  2(5  Stat.  0r)3. 

Duties  of  Chief  of  Bureau. 

Sec.  3.  That  the  Chief  of  the  Weather  Btircau,  under  the  direction 
of  the  Secretary  of  Agriculture,  on  and  after  July  first,  eighteen 
hundred  and  ninety-one,  shall  have  charge  of  the  forecasting  of 
weather,  the  issue  of  storm  warnings,  the  display  of  weather  and 
flood  signals  for  the  benefit  of  agriculture,  commerce,  and  navigation, 
the  gauging  and  reporting  of  rivers,  the  maintenance  and  operation 
of  sea-coast  telegraph  lines  and  the  collection  and  transmission  of 
marine  intelligence  for  the  benefit  of  commerce  and  navigation,  the 
reporting  of  temperature  and  rain-fall  conditions  for  the  cotton  in- 
terests, the  display  of  frost  and  cold-wave  signals,  the  distribution 
of  meteorological"  information   in    the   interests  of  agriculture  and 

71657—13 3 


34  LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

commerce,  and  the  takin<^  of  such  meteorological  observations  as  may 
be  necessary  to  establish  and  record  the  climatic  conditions  of  the 
United  States,  or  as  are  essential  for  the  proper  execution  of  the  fore- 
going duties. 

Act  October  1,  1890,  c.  126G,  s.  ?,,  26  Stat.  653. 

Chief  of  Bureau  and  employees. 

Sec.  4.  That  the  Weather  Bureau  shall  hereafter  consist  of  one 
Chief  of  Weather  Bureau  and  such  civilian  employees  as  Congress 
may  annualh'  provide  for  and  as  may  be  necessary  to  properly  per- 
form the  duties  devolving  on  said  bureau  by  law,  and  the  chief  of 
said  bureau  shall  receive  an  annual  compensation  of  four  thousand 
five  hundred  dollars,  and  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate :     *     *     * 

Act  October  1,  1890,  c.  1266,  s.  4,  26  Stat.  653. 

The  i)ortion  of  this  section  here  omitted,  relating  to  the  detail  of  the 
Chief  Signal  OtEcer  and  other  officers  of  the  Army  for  duty  in  the 
Weather  Bureau,  is  expressly  repealed  by  Res.  July  8,  1898,  No.  57, 
30  Stat.  752. 

Subsequent  agricultural  appropriation  acts  provide  an  increased  salary 
for  the  Chief  of  the  Weather  Bureau.  The  provision  of  the  act  for  the 
liscal  year  1913  is  set  forth  below. 

Transfer  of  enlisted  force  of  Signal  Corps  to  Department  of  Agriculture. 

Sec.  5.  That  the  enlisted  force  of  the  Signal  Corps,  excepting  those 
hereinafter  provided  for,  shall  be  honorably  discharged  from  the 
Army  on  June  thirtieth,  eighteen  hundred  and  ninety-one,  and  such 
portion  of  this  entire  force,  including  the  civilian  employees  of  the 
Signal  Service,  as  may  be  necessary  for  the  proper  performance  of 
the  duties  of  the  Weather  Bureau  shall,  if  they  so  elect,  be  trans- 
ferred to  the  Department  of  Agriculture,  and  the  compensation  of 
the  force  so  transferred  shall  continue  as  it  shall  be  in  the  Signal 
Service  on  June  thirtieth,  eighteen  hundred  and  ninetj^-one,  until 
otherwise  provided  by  law:  Provided,  That  skilled  observers  serving 
in  the  Signal  Service  at  said  date  shall  be  entitled  to  preference  over 
other  persons  not  in  the  Signal  Service  for  appointment  in  the 
Weather  Bureau  to  places  for  which  they  may  be  properly  qualified 
until  the  expiration  of  the  time  for  which  they  were  last  enlisted. 

Act  October  1,  1890,  c.  1266,  s.  5.  26  Stat.  653.  "^ 

Appropriations  for  Bureau. 

Sec.  i).  That  on  and  after  July  first,  eighteen  hundred  and  ninety- 
one,  the  appropriations  for  the  support  of  the  Signal  Corps  of  the 
Army  shall  be  made  with  those  of  other  staff  corps  of  the  Army, 
and  the  a|)|>ropriations  for  the  support  of  the  Weather  Bureau  shall 
bo  made  with  tliose  of  the  other  bureaus  of  the  Department  of  Agri- 
I'ullurc.  and  it  shall  be  the  duty  of  the  Secretary  of  Agriculture  to 
prej)are  future  estimates  for  the  Weather  Bureau  which  shall  be 
hereafter  specially  developed  and  extended  in  the  interests  of  agri- 
culture. 

Act  October  1.  1890,  c.  1266,  s.  0.  26  Stat.  654. 

This  act  and  subsequent  acts  relating  to  the  Weather  Bureau  super- 
sede Itcv.  St.  sees.  221-223.  sot  forth  below. 

Appropriations  for  carrying  into  olToct  .the  provisions  of  this  act  are 
(•(iiit.iiiHNl  in  llio  annual  agricultural  appropriation  acts  beginning  with 
the  fiscal  year  1892. 

Sections  2,  6.  7,  and  8,  here  omitted,  relate  exclusively  to  the  Signal 
Corps  of  the  Army  and  are  inapplicable  to  the  Weatfier  Bureau. 


WEATUEK   BUREAU.  35 

REV.  ST.  SEC.  221. 

Meteorological  observations,  storm  signals. 

Sec.  221.  The  Secretary  of  War  shall  provide  for  taking  meteoro- 
loofical  observations  at  the  military  stations  in  the  interior  of  the  con- 
tinent, and  at  other  points  in  the  States  and  Territories,  and  for  giv- 
ing notice  on  the  northern  lakes  and  sea-coa.st,  by  magnetic  telegraph 
and  marine  signals,  of  the  approach  and  force  of  storms. 

This  section  is  superseded  by  the  provisions  of  act  October  1,  1890 
c.  1266,  set  forth  above.  ' 

REV.   ST.   SEC.  222. 
Signal-stations,  reports,  etc. 

Sec.  222.  The  Secretaiy  of  War  shall  provide,  in  the  system  of  ob- 
servations and  reports  in  charge  of  the  Chief  Signal-Cifficer  of  the 
Army,  for  such  stations,  reports,  and  signals  as  may  be  found  neces- 
sary, for  the  benefit  of  agriculture  and  commercial  interests. 

See  note  under  Rev.  St.  sec.  221,  set  forth  above. 

REV.  ST.  SEC.  223. 

Telegraph  lines  connecting  signal  stations. 

Sec.  223.  The  Secretary  of  War  is  authorized  to  establish  signal- 
stations  at  light-houses  and  at  such  of  the  life-saving  stations  on  the 
lake  or  sea-coast  as  may  be  suitably  located  for  that  purpose,  and  to 
connect  the  same  with  such  points  as  may  be  necessary  for  the  proper 
discharge  of  the  signal-ser\ace  by  means  of  a  suitable  telegraph-line 
in  cases  where  no  lines  are  in  operation,  to  be  constructed,  maintained, 
and  worked  under  the  direction  of  the  Chief  Signal-Officer  of  the 
Army,  or  the  Secretary  of  War  and  the  Secretary  of  the  Treasury ; 
and  the  use  of  the  life-saving  stations  as  signal-stations  shair  be 
subject  to  such  regulations  as  may  be  agi*eed  upon  by  said  officials. 

See  note  under  Rev.  St.  sec.  221,  set  forth  above. 

ACT  AUGUST  8.  1894,  c.  238.     (28  Stat.  264.) 
Promotions  of  employees  transrerred  from  Signal  Service. 

*  *  *  Weather  Bureau  *  *  *  and  the  Secretary  is  hereby 
authorized  to  make  promotions  in  the  service  without  prejudice  to 
those  transferred  from  the  Signal  Service  of  the  War  Department. 

Act  August  8.  1894.  c.  238.  28  Stat.  273. 

This  is  a  provision  of  the  afrvieultural  appropriation  act  for  the  fiscal 
year  1895.  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similnr  appropriation  acts  for  the  fiscal  years  1893  and  1894. 

ACT  MARCH  2.  1895,  c.  169.     (28  Stat.  727.) 
Changes  in  personnel. 

*  *  *  the  Secretary  is  hereby  authorized  to  make  such  changes 
or  assignment  to  duty 'in  the  personnel  or  detailed  force  of  the 
Weather  Bureau  for  limiting  or  reducing  expenses  as  he  may  deem 
necessary. 

Act  March  2.  1895,  c.  169.  28  Stat.  737.  .»,«', 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  nscai 
year  1896,  cited  above.  Similar  provisions  are  contained  in  the  similar 
appr(>i)riation  acts  for  the  previous  fi.<cai  years,  beginning  witli  ISJJ. 


86  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

ACT  APRIL  25,  1896,  c.  140.     (29  Stat.  99.) 
Weather  signals  on  mail  cars. 

That  the  Secretaiy  of  Afjriculture,  in  cooperation  with  the  Post- 
master-General, may  arrange  a  plan  by  which  there  shall  be  displayed 
on  all  cars  and  other  conveyances  used  for  transporting  United  States 
mail,  suitable  flags  or  other  signals  to  indicate  weather  forecasts,  cold- 
wave  warnings,  frost  warnings,  and  so  forth,  to  be  furnished  by  the 
Chief  of  the  Weather  Bureau. 

Act  April  25.  1S9G.  c.  140.  29  Stat.  lOS. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1S97,  cited  above.  Similar  provisions  are  contained  in  the  similar 
appropriatou  acts  for  the  fiscal  years  189")  and  1S96. 

ACT  AUGUST  30.  1890,  c.  837.     (26  Stat.  371.) 
Meteorological  instruments  for  voluntary  observers. 

*  *  *  the  Secretary  of  War,  as  lie  may  think  proper,  may  cause 
to  be  issued  such  meteorological  instruments  (not  exceeding  one  set 
valued  at  fifteen  dollars  to  any  one  countjO  to  voluntary  unpaid 
observers,  in  order  to  secure  meteorological  data  from  such  observers, 
under  regulations  to  be  prescribed  by  the  Secretary  of  War,     *     *     * 

Act  August  30,  1890.  c.  837,  s.  1,  20  Stat.  .'iOS.  ' 

This  is  a  provision  of  the  sundry  rivil  appropriation  act  for  the  fiscal 

year  1891.  cited  above.  » 

The  we.ither  service  was  transferred  from  the  Signal  Corps  of  the  Army 

to  the  Department  of  Agriculture  by  act  October  1,  1890,  c.  1266,  set  forth 

on  p.  33.  ante. 

ACT  JUNE  17,  1910,  c.  297.     (36  Stat.  468.) 

Meteorological  data  to  be  furnished  by  Weather  Bureau  to  Hydrographic  Office 
of  Navy  Department  for  pilot  charts. 

And  hereafter  the  pilot  charts  prepared  in  the  Hydrographic  Office 
shall  have  conspicuously  printed  thereon  the  foUoAving:  "Prepared 
from  data  furnislicd  by  the  Hydrographic  Office  of  the  Navy  Depart- 
ment and  by  the  AVeather  Bureau  of  the  Department  of  Agriculture, 
and  published  at  the  Hydrographic  Office  under  the  authorit)^  of  the 
Secretary  of  the  Navy;  "  and  all  meteorological  information  received 
by  the  Weather  Bureau  of  the  Department  of  Agriculture  necessary 
for  and  of  tlio  character  of  such  information  heretofore  used  in  the 
preparation  of  the  pilot  charts  shall  continue  to  be  furnished  with 
all  possible  expedition  to  the  Hydrographic  Office  for  use  in  the 
preparation  of  said  charts;     *     *     * 

Act  .Tune  17.  1910.  c.  297,  36  Stat.  .")0.8. 

These  jire  i)rovisions  <if  the  legislative,  exet-utive.  and  judicial  appro- 
priation act  for  the  fiscal  year  1911.  cite<l  above. 

ACT  AUGUST  4,  1886.  c.  903.     (24  Stat.  256.) 
Specific  appropriations  necessary  for  weather  maps. 

To  pay  *  *  "  for  making  plates  and  publishing  weather  maps. 
*  *  *  and  hcreaflcr  none  of  such  woi'k  shall  be  done  except 
under  sjiecific  api)r()priations  therefor  made  in  advance. 

Act  August  4.  1.886.  c.  903.  24  Stat.  266. 

This  Is  a  i)rovision  of  the  deficiency  appropri.itioii  act  for  the  tisr.il 
year  18.86,  cited  above. 


WEATHER   BUREAU.  37 

ACT  JANUARY  12,  1895,  c.  23.      (28  Stat.  601.) 

Printing  office  of  the  Weather  Bureau. 

Section  ;^1  of  the  act  cited,  itrovidinp  that  all  printing  offices  in  the 
departments  shall  be  a  part  of  the  Government  Printint,'  Office,  and  that 
all  presses,  etc..  and  supplies  shall  be  furnished  by,  and  all  employees  be 
under  the  control  of.  the  Public  Printer,  with  a  proviso  excepting  the 
printing  office  of  the  Weather  Bureau,  is  set  forth  on  p.  ."iCS,  post. 

Printing  of  maps,  charts,  bulletins,  and  minor  reports  of  Weather  Bureau. 

Section  89  of  the  act  cited,  providing  certain  limitations  on  the  printing 
of  reports,  publications,  and  documents  of  the  departments,  with  a  jiroviso 
excepting  therefrom  maps,  charts,  bulletins,  and  minor  reports  of  the- 
Weather  Bureau,  is  set  forth  on  p.  24,  ante. 

ACT  MARCH  4.  1907.  c.  2907.     (34  Stat.  1256.) 

Sales  of  surplus  maps  and  publications  of  Weather  Bureau. 

*  *  *  hereafter  the  Secretary  of  AgricuUure  is  authorized  to 
sell  any  surplus  maps  or  publications  of  the  Weather  Bureau,  and  the 
money  received  from  such  sales  shall  be  deposited  in  the  Treasury  of 
the  United  States,  section  two  hundred  and  twenty-seven  of  the  Re- 
vised Statutes  notwithstanding;     *     *     * 

Act  March  4,  lOOT,  c.  2907,  34  Stat.  1258. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year   1908,   cited   above. 

Rev.  St.  sec.  227,  mentioned  in  this  provision,  is  set  forth  below. 

REV.   ST.   SEC.  227. 

Sale  of  surplus  maps  and  publications  of  Signal  Office. 

Sec.  227.  The  Chief  Signal-Officer  maj'  cause  to  be  sold  any  surplus 
maps  or  publications  of  the  Signal-Office,  the  mone}^  received  therefor 
to  be  applied  toward  defraying  the  expenses  of  the  signal-service;  and 
an  account  of  the  same  shall  be  rendered  in  each  annual  report  of  the 
Chief  of  the  Signal-Service. 

The  weather  service  was  transferred  from  the  Signal  Corps  of  the  Army 
to  the  Department  of  Agriculture  by  act  October  1,  1890.  c.  1266,  set  forth 
on  p.  33.  anic,  and  the  sale  of  surplui?  maps  and  publications  of  the 
Weather  Bureau  by  the  Secretary  of  Agriculture  is  authorized  by  a  pro- 
vision of  act  March  4.  1907,  c.  2007.  set  forth  above. 

ACT  MAY  25,  1900,  c.  555.      (31  Stat.  191.) 
Destruction  of  old  telegi-ams  of  Weather  Bureau. 

That  hereafter  all  telegrams  pertaining  to  the  business  «of  the 
Weather  Bureau  may  be  destroyed  after  they  are  three  years  old,  and 
the  accounts  based  thereon  have  been  settled  by  the  Treasury  Depart- 
ment;  and  the  present  accumulation  of  these  old  telegrams  may  be 
destroyed. 

Act  May  25,  1900,  c.  555,  31  Stat.  204. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1901,  cited  above. 

ACT  JANUARY  12.  1895,  c.  23.     (28  Stat.  601.) 

Extra  copies  of  the  Annual  Report  of  Chief  of  Weather  Bureau. 

Sec.  73.  Extra  copies  of  documents  and  reports  shall  be  printed 
promptly  when  the  same  shall  be  ready  for  publication,  and  shall  be 
bound  in  paper  or  cloth  as  directed  by  the  Joint  Committee  on  Prmt- 


38  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGKICULTUEE. 

ing,  and  shall  be  of  the  nuiiibor  following  in  addition  to  the  usual 
number : 

******* 

Of  the  Annual  Report  of  the  Chief  of  the  Weather  Bureau,  four 
thousand  copies;  one  thousand  copies  for  the  Senate,  two  thousand 
copies  for  the  House,  and  one  thousand  copies  for  the  Bureau. 

Act  Jammry  12.  1895.  c.  23,  s.  73.  28  Stat.  612,  613. 

A  prosisd,  jinuoxoil  to  iu?t  ,J:nui;iiy  12.  1805.  c.  23.  s.  89.  set  forth  on 
p.  24.  otife,  authorizes  the  printing  of  maps,  charts,  bulletins,  and  minor 
reiwrts  of  the  Weather  Bureau  in  such  numbers  as  the  Secretary  of  Agri- 
culture may  deem  for  the  best  interests  of  the  Government. 

Maps,  weather  reports,  and  weather  cards  are  excepted  from  the  pro- 
visions of  act  August  23,  1912,  c.  350,  s.  8.  set  forth  on  p.  370,  post,  under 
"  Public  Documents."  forbidding  expenditures  for  the  work  of  distribut- 
ing publications  in  the  executive  departments,  and  transferring  such 
work  to  the  Public  Printer. 

Appropriations  for  printing  and  binding  for  the  Weather  Bureau  are 
made  in  the  annual  sundry  civil  appropriation  acts.  The  provision  of  the 
act  for  the  fiscal  year  1913.  act  August  24.  1912.  c.  355.  is  set  forth  on  p. 
229,  post,  under  "Division  of  Publications." 

ACT  MARCH  4,  1909,  c.  321.      (35  Stat.  1088.) 
Counterfeiting  weather  forecasts. 

Sec.  Gl.  AVhoever  shall  knowingly  issue  or  publish  any  counterfeit 
weather  forecast  or  warning  of  weather  conditions  falsely  represent- 
ing such  forecast  or  warning  to  have  been  issued  or  published  by  the 
Weather  Bureau,  United  States  Signal  Service,  or  other  branch  of  the 
Government  service,  shall  be  fined  not  more  than  five  hundred  dollars. 
or  imprisoned  not  more  than  ninety  days,  or  both. 

Act  March  4,  1909,  c.  321,  s.  61,  35  Stat.  1100. 

This  is  a  section  of  an  act  entitled  "An  act  to  codify,  revise,  and  amend 
the  penal  laws  of  the  United  States."  Provisions  of  act  April  25,  1806, 
c.  140,  2t)  Stat.  108,  act  March  2,  1895.  c.  169,  28  Stat.  737.  and  act  August 
S,  1804,  o.  238.  2S  Stat.  274.  are  incorporated  in  this  section,  and  are  ex- 
pressly repealed  by  section  341  of  said  act  March  4,  1909. 

A  provisioH  in  the  same  language  and  containing  an  additional  clause 
making  it  likewise  punishable  to  molest  or  interfere  with  any  weather  or 
storm  flag  or  weather  map  or  bulletin  displayed  or  issued  by  the  Weather 
Bureau,  was  enacted  by  act  March  3.  1005,  c.  1405.  and  is  set  forth  below. 

"This  provision  is  not  included  among  those  mentioned  as  expressly 
rei^ealed  in  sjiid  rei)ealing  section  .341  of  the  Criminal  Code,  but  a  refer- 
ence to  it  is  noted  in  the  margin  of  said  section  61  thereof,  in  which  the 
original  jtrovision  is  incorporated.  It  may  be  questioned,  therefore, 
whether  said  additional  provision  first  enacted  in  act  March  3,  1905, 
c?  1405,  is.  within  the  meaning  of  the  last  clause  of  section  341  of  the 
Criminal  Code,  '  embraced  within  and  superseded  by '  said  Code,  as  to  be 
repealed  thereby,  or  whether  it  is  one  of  '  the  remaining  portions'  of  prior 
acts,  which  are  to  'remain  in  force.'"  {Note,  United  States  Compiled 
SliUiitts    l!)OI,   .Supplrmctit   1911.) 

ACT  MARCH  3.  1905.  c.  1405.     (33  Stat.  361. t 

Counterfeiting  weather  forecasts  and  molesting,  etc.,  weather  flags,  maps,  and 
bulletins. 

Any  person  who  shall  knowingly  issue  or  publish  any  counterfeit 
weather  forecasts  or  warnings  of  weather  conditions,  falsely  repre- 
senting such  forecasts  or  warnings  to  have  been  issued  or  published  by 
the  Weather  Bureau,  or  other  branch  of  the  GovernnuMit  service,  or 
shall  mole.st  or  interfere  with  any  weather  or  storm  flag  or  weather 
map  or  bulletin  displayed  or  issued  l)y  the  United  States  Weather 
B\irenu.  shall  be  deemed  jjuiltv  of  a  misdemeanor,  and  on  conviction 


WEATHER  BUREAU.  39 

thereof,  for  each  offense,  be  fined  in  a  sum  not  exceeding  five  linndred 
dollars,  or  be  imprisoned  not  to  exceed  ninety  days,  or  l>e  both  lined 
and  imprisoned,  in  the  discretion  of  the  court. 

Act  Maivh  3,  1905,  c.  140o,  33  Stat.  864. 

This  is  a  provision  enacted  in  the  agricultural  appropriation  act  for  (he 
fiscal  year  1!)0G.  See  act  March  4,  1!)09,  c.  321,  s.  (51,  sot  forth  above,  and 
notes  thereunder. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Salaries,  AyEATHER,BuREAu :  One  chief  of  bureau,  six  thousand  dol- 
lars; one  assistant  chief  of  bureau,  three  thousand  two  hundred  and 
fifty  dollars;  one  chief  clerk  and  executive  assistant,  three  thousand 
dollars;  three  chiefs  of  division,  at  two  thousand  dollars  each;  eight 
clerks,  class  four;  nine  clerks,  class  three;  twenty  clerks,  class  two; 
twenty-nine  clerks,  class  one;  twenty  clerks,  at  one  thousand  dollars 
each;  nine  clerks,  at  nine  hundred  dollars  each;  four  copyists  or  type- 
writei*s,  at  nine  hundred  dollars  each ;  one  copyist  or  typewriter,  eight 
hundred  and  forty  dollars;  one  telegraph  operator,  one  thousand  two 
hundred  dollars;  two  assistant  foremen  of  division,  at  one  thousand 
six  hundred  dollars  each;  one  lithographer,  one  thousand  five  hun- 
dred dollars;  three  lithographers,  at  one  thousand  two  hundred 
dollars  each ;  five  compositors,  at  one  thousand  tAvo  hundred  and  fifty 
dollars  each:  fourteen  printers,  at  one  thousand  two  hundred  dollars 
each;  eleven  printers,  at  one  thousand  dollars  each;  four  folders  and 
feeders,  at  seven  hundred  and  twenty  dollars  each;  one  chief  me- 
chanic, one  thousand  four  hundred  dollars;  five  skilled  mechanics, 
at  one  thousand  two  hundred  dollars  each;  .seven  skilled  mechanics, 
at  one  thousand  dollars  each;  one  skilled  mechanic,  eight  hundred 
and  forty  dollars;  six  skilled  artisans,  at  eight  hundred  and  forty 
dollars  each;  one  engineer,  one  thousand  three  hundred  dollars;  one 
fireman  and  steam  fitter,  eight  hundred  and  forty  dollars;  six  firemen, 
at  seven  hundred  and  twenty  dollars  each;  one  captain  of  the  watch, 
one  thousand  dollars;  one  electrician,  one  thousand  dollars;  one 
gardener,  eight  hundred  and  forty  dollars;  two  repairmen,  at  eight 
hundred  and  forty  dollars  each;  eight  repairmen,  at  seven  hundred 
and  twenty  dollars  each ;  four  watchmen,  at  .seven  hundred  and  twenty 
dollars  each;  .seventeen  messengers,  messenger  boys,  or  lalwrers,  at 
seven  hundred  and  twenty  dollars  each;  six  mes.senger.s,  messenger 
boys,  or  laborers,  at  six  hundred  and  sixty  dollars  each;  twenty-seven 
messengers,  messenger  boys,  or  laborers,  at  six  hundred  dollars  each; 
eighty-seven  messengers,  messenger  boys,  or  laborers,  at  four  htnidrcd 
and  eighty  dollars  each;  five  messengers,  messenger  boys,  or  laborers. 
at  four  hiindred  and  fifty  dollars  each ;  twenty-seven  messenger  boys, 
at  three  hundred  and  .sixty  dollars  each;  one  charwoman,  three  hun- 
dred and  sixty  dollars;  three  charwomen,  at  two  hundred  and  forty 
dollars  each:  'in  all,  three  hundred  and  fifteen  thousand  nine  hundred 
and  thirty  dollars. 

Contin(;knt  PlxPKNSES,  Weather  Bureau:  For  fuel,  lights,  repairs, 
and  other  expenses  for  the  care  and  preservation  of  the  public  build- 
ings and  gi-ounds  and  the  improvements  of  the  existing  public  build- 
ings of  the  Weather  Bureau  in  the  city  of  Washington;  for  stationery 
and  blank  books,  furniture  and  repairs  to  same,  and  freight  an(j 
express  charges;  for  subsistence,  care,  and  purchase  of  horses  and 
vehicles,  and  repairs  of  harness,  for  official  purposes  only;  for  adver- 
tising, dry  goods,  twine,  mats,  oils,  paints,  glass,  lumber,  hardware, 


40  LAWS   APPLICABLE    TO    DEPARTMENT    OF   AGRICULTURE. 

ice,  washing  towels,  and  other  miscellaneous  supplies  and  expenses 
not  otherwise  provided  for  in  the  city  of  AVashington,  twenty-five 
thousand  dollars. 

General  Expenses.  Weather  Bureau:  For  carrying  into  effect  in 
the  District  of  Columbia  and  elsewhere  in  the  United  States,  in  the 
West  Indies  or  on  adjacent  coasts,  in  the  Hawaiian  Islands,  and  in 
Bermuda,  the  provisions  of  an  Act  approved  October  first,  eighteen 
hundred  and  ninety,  so  far  as  they  relate  to  the  weather  service  trans- 
ferred thereby  to  the  Department  of  Agriculture,  and  for  every 
expenditure  requisite  for  and  incident  to  the  establishment,  equip- 
ment, aiid  nminicnance  of  meteorological  observation  stations,  includ- 
ing cooperation  with  other  bureaus  of  the  Government  and  societies 
and  institutions  of  learning  for  the  dissemination  of  meteorological 
information,  as  follows: 

For  the  employment  of  professors  of  meteorology,  inspectors,  dis- 
trict forecasters,  local  forecasters,  section  directors,  research  observers, 
observers,  assistant  observers,  operators,  skilled  mechanics,  repair- 
men, station  agents,  messengers,  messenger  boys,  laborers,  and  other 
necessary  employees,  five  hundred  and  sixty-nine  thousand  dollars; 

For  fuel,  gas,  electricity,  freight  and  express  charges,  furniture, 
stationery,  and  all  other  necessary  supplies  and  miscellaneous  ex- 
penses, one  hundred  and  five  thousand  five  hundred  dollars ; 

For  instruments,  shelters,  apparatus,  storm-warning  towers,  and 
repairs  thereto,  forty-two  thousand  five  hundred  dollars; 

For  rent  of  offices  and  repairs  and  improvements  to  buildings  now 
completed  and  located  outside  of  the  District  of  Columbia,  and  care 
and  preservation  of  grounds,  including  construction  of  necessary  out- 
buildings and  sidewalks  on  public  streets  abutting  Weather  Bureau 
grounds,  ninety-nine  thousand  dollars; 

For  official  traveling  expenses,  twenty-two  thousand  dollars; 

For  telephone  rentals  and  for  telegraphing,  telephoning,  and 
cabling  reports  and  messages,  rates  to  be  fixed  by  the  Secretary  of 
Agriculture  by  agreements  with  the  companies  perforaiing  the  serv- 
ice, three  hundred  and  five  thousand  dollars; 

For  the  maintenance  and  repair  of  Weather  Bureau  telegraph, 
telephone,  and  cable  lines,  four  thousand  dollars; 

For  investigations  in  climatology  and  evaporation,  including  the 
erection  of  temporary  buildings  for  living  quarters  for  observers,  for 
river,  rain,  snow,  ice,  crop,  evaporation,  aerial,  storm,  hurricane,  and 
other  observations,  warnings,  and  reports,  and  for  pay  of  special 
observers  and  display  men,  one  hundred  and  fifteen  thousand  dollai-s; 

For  the  maintenance  of  a  printing  office  in  the  city  of  Washington, 
including  the  purchase  of  necessary  supplies  and  materials  for  print- 
ing weather  maps,  bulletins,  circulars,  forms,  and  other  publications, 
and  for  pay  of  additional  assistant  foremen,  proof  readers,  composi- 
tors, pressmen,  lithographers,  and  folders  and  feeders,  when  neces- 
sary, sixteen  thousand  seven  hundred  and  fifty  dollars; 

In  all.  for  general  expenses,  one  million  two  hundred  and  seventy- 
eight  thousand  seven  Innulred  and  fifty  dollars. 

Total  for  Weather  Bureavi,  one  million  six  hundred  and  nineteen 
thousand  six  hundred  and  eighty  dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  270. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  41 

BUREAU   OF  ANIMAL   INDUSTRY. 

ACT  MAY  29,  1SS4.  c.  60.  An  at-t  for  the  ostablisbniont  of  a  Rurcau  of  .Viiiiiial 
Industry,  to  prevent  the  exportation  of  diseased  cattle,  and  to  provide  means 
for  the  suppression  and  extirpation  of  pleuro-pneunionia  and  other  con- 
tagious diseases  among  domestic  animals.     (23  Stat.  31.) 

Establishment  of  the  Bureau. 

That  the  Commissioner  of  Agriculture  shall  organize  in  his  Depart- 
ment a  Bureau  of  Animal  Industry,  and  shall  appoint  a  Chief  thereof, 
who  shall  be  a  competent  veterinary  surgeon,  and  whose  duty  it  shall 
be  to  investigate  and  report  upon  the  condition  of  the  domestic  ani- 
mals of  the  United  States,  their  protection  and  use,  and  also  inquire 
into  and  report  the  causes  of  contagious,  infectious,  and  communicable 
diseases  among  them,  and  the  means  for  the  prevention  and  cure  of 
the  same,  and  to  collect  such  information  on  these  subjects  as  shall  be 
valuable  to  the  agricultural  and  commercial  interests  of  the  country; 
and  the  Commissioner  of  Agriculture  is  hereby  authorized  to  employ 
a  force  sufficient  for  this  purpose,  not  to  exceed  twenty  persons  at 
any  one  time.  The  salary  of  the  Chief  of  said  Bureau  shall  be  three 
thousand  dollars  per  annum;  and  the  Commissioner  shall  appoint  a 
clerk  for  said  Bureau,  with  a  salary  of  one  thousand  five  hundred 
dollars  per  annum. 

Act  May  29,  1884,  c.  60,  s.  1.  23  Stat.  31. 

The  designation  of  the  Commissioner  of  Agriculture  is  changed  by  the 
organization  of  the  department  as  an  executive  department  under  a 
Secretary  of  Agriculture,  by  act  February  9,  1889,  c.  122,  s.  1,  set  forth 
on  p.  9.  ante.  The  anthoritj'  granted  to  the  Commii?sioner  of  Agricul- 
ture by  this  act  is  vested  in  the  Secretary  of  Agriculture  by  act  July  14. 
1890,  c.  707.  set  forth  on  p.  11.  ante. 

The  last  portion  of  this  section  providing  for  the  salary  of  the  Chief  of 
the  Bureau  and  the  appointment  and  salary  of  a  clerk,  is  superseded  by 
subsequent  agricultural  appropriation  acts  providing  for  increased  salary 
for  the  Chief  of  the  Bureau  and  for  other  officers,  clerks,  and  employees 
and  their  salaries,  from  time  to  time,  increasing  with  the  growth  and 
the  extension  of  the  scope  and  functions  of  the  bureau.  The  appropria- 
tions for  the  salary  of  the  Chief  of  the  Bureau  and  other  officers,  clerks, 
and  employees  of  the  bureau,  in  the  appropriation  act  for  the  fiscil  year 
1913,  are  set  forth  on  p.  71,  post. 

Agents;    duties. 

Sec.  2.  That  the  Commissioner  of  Agriculture  is  authorized  to  ap- 
point two  competent  agents,  who  shall  be  practical  stock-raisers  or 
experienced  business  men  familiar  with  questions  pertaining  to  com- 
mercial transactions  in  live  stock,  whose  duty  it  shall  be,  under  the 
instructions  of  the  Commissioner  of  Agriculture,  to  examine  and 
report  upon  the  best  methods  of  treating,  transporting,  and  caring 
for  animals,  and  the  means  to  be  adopted  for  the  suppression  and  ex- 
tirpation of  contagious  pleuro-pneumonia,  and  to  provide  against  the 
spread  of  other  dangerous  contagious,  infectious,  and  communicable 
diseases.  The  compensation  of  said  agents  shall  be  at  the  rate  of  ten 
dollars  per  diem,  with  all  necessary  expenses,  while  engaged  in  the 
actual  performance  of  their  duties  under  this  act,  when  absent  from 
their  usual  place  of  business  or  residence  as  such  agent. 

Act  May  29,  1884,  c.  60,  s.  2,  23  Stat.  31. 

See  note  under  section  1  of  this  act  as  to  change  of  d(!signation  of 
Commissioner  to  Secretary  of  Agriculture. 


42  LAWS  APPLICABLE    TO   DEPARTMEXT   OF   AGRICULTURE. 

The  provisions  of  this  section  for  the  appointment  and  comi>ensation 
of  two  agents  are  superseded  by  appropriations  of  subsequent  agricul- 
tural appropriation  acts.  The  provisions  of  the  act  for  the  fiscal  year 
1913,  are  set  forth  on  p.  71,  post. 

Rules   and   regulations   for   suppression   and   extirpation    of    diseases;    coopera- 
tion of  States  and  Territories. 

Sec,  3.  That  it  shall  be  the  duty  of  the  Commissioner  of  Agricul- 
ture to  prepare  such  rules  and  regulations  as  he  may  deem  necessary 
for  the  speedy  and  effectual  suppression  and  extirpation  of  said  dis- 
eases, and  to  certifv  such  rules  and  regulations  to  the  executive  au- 
thority of  each  State  and  Territory,  and  invite  said  authorities  to 
co-operate  in  the  execution  and  enforcement  of  this  act.  Whenever 
the  plans  and  methods  of  the  Commissioner  of  Agriculture  shall  be 
accepted  by  any  State  or  Territory  in  which  pleuro-pneumonia  or 
other  contagious,  infectious,  or  communicable  disease  is  declared  to 
exist,  or  such  State  or  Territory  shall  have  adopted  plans  and  methods 
for  the  suppression  and  extirpation  of  said  diseases,  and  such  plans 
and  methods  shall  be  accepted  by  the  Commissioner  of  Agriculture, 
and  whenever  the  governor  of  a  State  or  other  properly  constituted 
authorities  signify  their  readiness  to  co-operate  for  the  extinction  of 
any  contagious,  infectious,  or  communicable  disease  in  conformity 
with  the  provisions  of  this  act.  the  Commissioner  of  Agriculture  is 
hereby  authorized  to  expend  so  much  of  the  money  appropriated  by 
this  act  as  mav  be  necessary  in  such  investigations,  and  in  such  dis- 
infection and  quarantine  measures  as  may  be  necessary  to  prevent  the 
spread  of  the  disease  from  one  State  or  Territory  into  another. 

Act  May  29,  1884,  c.  60.  s.  3,  23  Stat.  32. 

See  note  under  section  1  of  this  act  as  to  change  of  designation  of 
Commissioner  to  Secretary  of  Agriculture. 

Investigation  as  to  pleuro-pneumonia  and  other  contagious,  etc.,  diseases;  regu- 
lations. 

Sec.  4.  That  in  order  to  promote  the  exportation  of  live  stock  from 
the  United  States  tlie  Commissioner  of  Agriculture  shall  make  special 
investigation  as  to  the  existence  of  pleuro-pneumonia.  or  any  con- 
tagious, infectious,  or  communicable  disease,  along  the  dividing-lines 
between  the  United  States  and  foreign  countries,  and  along  the  lines 
of  Iransportation  from  all  parts  of  the  United  States  to  ports  from 
which  live  slock  are  exported,  and  make  re]K)rt  of  the  results  of  such 
investigation  to  the  Secretary  of  the  Treasury,  who  shall,  from  time 
to  time,  establish  such  regulations  concerning  the  exportation  and 
transportation  of  live  stock  as  the  results  6f  said  inve.stigations  may 
require. 

Act  May  20.  1SS4.  c.  00.  s.  4.  23  Stat.  32. 

See  note  luider  section  I  of  this  act  as  to  change  of  designation  of  Com- 
missioner to  Secretary  of  Agriculture. 

The  powers  conferred  on  the  Secretary  of  the  Treasury  by  this  and 
the  followiusi:  section  are  coTiferred  on  tlte  Secretaiy  of  Agriculture,  to 
be  exercised  exclusively  by  him,  by  provisions  of  act  February  2.  1903, 
c.  349.  s.  1,  set  forth  below. 

Inspection  of  neat  cattle,  sheep,  and  other  ruminants,  and  swine,  for 
exportation,  and  disinfection  of  ves.sels,  etc..  is  authorized  by  act  August 
30,  1S90.  c.  8.30.  s.  10.  set  fortli  on  ]^.  .'O.  pnat :  inspection  and  certification 
of  cattle  for  exportation  is  authorized  by  act  March  .''>.  ISOl,  c.  .^55.  s.  1. 
set  forth  on  p.  Ga,  post;  and  provisions  for  rules  and  regulations  con- 
cerning the  exportation  of  live  stock,  and  for  the  Inspection  and  certifica- 
tion of  live  stock  for  exportation,  are  contained  in  act  February  2,  1903, 
c.  349,  s.  1,  set  forth  below. 


BUREAU   OF    ANIMAL   INDUSTRY.  43 

Measures  to  prevent  exportation  of  diseased  live  stock,  authorized. 

Sec.  5.  That  to  prevent  the  exportation  from  any  port  of  the 
United  States  to  an}'  port  in  a  foreign  country  of  live  stock  affected 
with  any  contagion'^,  infectious,  or  connnunicable  disease,  and  especi- 
ally pleuro-pneumonia.  the  Secretary  of  the  Treasury  be.  and  he  is 
hei-eby.  authorized  to  take  such  steps  and  adopt  siich  measures,  not 
inconsistent  with  the  provisions  of  this  act,  as  he  may  deem  necessary. 

Act  May  20.  1.SS4,  c.  60.  s.  5.  2.3  Stat.  32. 
See  notes  uuder  section  4  of  this  act. 

Transportation   of   diseased  live   stock   prohibited;    splenetic   fever   not   consid- 
ered contagious,  etc. 

Sec.  6.  That  no  railroad  company  within  the  United  States,  or 
the  owners  or  masters  of  any  steam  or  sailing  or  other  vessel  or  boat, 
shall  receive  for  transportation  or  transport,  from  one  State  or  Terri- 
tory to  another,  or  from  any  State  into  the  District  of  Columbia,  or 
from  the  District  into  any  State,  any  live  stock  affected  with  any 
contagious,  infectious,  or  communicable  disease,  and  especially  the 
di.sease  known  as  pleuro-pneumonia;  nor  shall  any  person,  company, 
or  corporation  deliv^er  for  such  transportation  to  any  railroad  com- 
pany, or  master  or  owner  of  any  boat  or  vessel,  any  live  stock,  know- 
ing them  to  be  affected  Avith  any  contagious,  infectious,  or  counnuni- 
cable  di.sease;  nor  shall  any  person,  company,  or  corporation  drive  on 
foot  or  transport  in  private  conveyance  from  one  State  or  Territory 
to  another,  or  from  any  State  into  the  District  of  Columbia,  or  from 
the  District  into  any  State,  any  live  stock,  knowing  them  to  be  affected 
with  any  contagious,  infectious,  or  communicable  disease,  and  especi- 
, ally  the  disease  known  as  pleuro-pneumonia:  Provided.  That  the  so- 
called  splenetic  or  Texas  fever  shall  not  be  considered  a  contagious, 
infectious,  or  communicable  disease  within  the  meaning  of  sections 
four,  five,  six  and  seven  of  this  act,  as  to  cattle  being  transported  by 
rail  to  market  for  slaughter,  when  the  same  are  unloaded  only  to  be 
fed  and  watered  in  lots  on  the  way  thereto. 

Act  May  29,  18S4.  c.  60.  s.  6,  23  Stat.  32. 

Provisions  for  rules  and  regulations  concerning  the  export.ition  of  live 
stock,  and  for  the  inspection  and  certification  of  live  stock  for  exportation., 
are  contained  in  act  February  2,  1903.  c.  349.  s.  1.  set  fortli  below. 

Trovisions  for  the  establishment  of  quarantine  of  any  State  or  Terri- 
tory or  the  District  of  Columbia,  or  any  portion  of  any  of  them,  wlien 
cattle  or  other  live  stock  therein  are  affected  with  any  contagious,  etc., 
disease,  and  the  making  and  promulgation  of  regulations  in  regard  there- 
to, and  prohibiting  the  interstate  movement  of  cattle  or  other  live  stock 
from  such  quarantine<i  areas  except  ruder  such  regulations,  are  contained 
in  act  March  3.  1905.  c.  1496,  set  forth  below. 

Notice  to  railroads,  etc..  in  infected  localities;    transportation  of  diseased  live 
stock;   penalty. 

Sec.  7.  That  it  shall  be  the  duty  of  the  Commissioner  of  Agricul- 
ture to  notify,  in  writing,  the  proper  officials  or  agents  of  any  rail- 
road, steamboat,  or  other  transportation  company  doing  business  in 
or  through  any  infected  locality,  and  by  publication  in  such  news- 
papers as  he  may  select,  of  the  existence  of  said  contagion :  and  any 
person  or  persons  operating  any  such  railroad,  or  master  or  owner 
of  anv  boat  or  vessel,  or  owner  or  custodian  of  or  person  having 
control  over  such  cattle  or  other  live  stock  within  such  infected  dis- 
trict, who  shall  knowinglv  violate  the  provisions  of  section  six  of  this 
act,  shall  be  guiltv  of  a  misdemeanor,  and.  upon  conviction,  shall 


44  LAWS   APPLICABLE    TO    DEPARTMENT    OF   AGRICULTURE. 

be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
thousand  doHars,  or  by  imprisonment  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 

Act  May  29,  1884.  c.  fiO.  s.  7.  23  Stat.  32. 

Subsequent  provisions  for  the  establishment  of  quarnntine  of  any  State 
or  Territory  or  the  District  of  Columbia,  or  any  portion  of  any  of  them, 
when  cattle  or  other  live  stock  therein  are  affected  with  any  contagious, 
etc..  disease,  and  notice  thereof  to  railroads,  etc..  are  contained  in  act 
March  3.  1905.  c.  1490.  s.  1.  set  forth  below. 

Pleuro-pneumonia  and  other  contagious,  etc.,  diseases  in  District  of  Columbia. 

Sec.  8.  That  whenever  any  contagious,  infectious,  or  communicable 
disease  affecting  domestic  animals,  and  especially  the  disease  known 
as  pleuro-pneumonia.  .shall  be  brought  into  or  shall  break  out  in  the 
District  of  Columbia,  it  .shall  be  the  duty  of  the  Commissioners  of 
said  District  to  take  measures  to  suppress  the  same  promptly  ^and  to 
prevent  the  same  from  spreading;  and  for  this  purpose  the  said 
Commissioners  are  hereby  empowered  to  order  and  require  that  any 
premises,  farm,  or  farms,  where  .such  disease  exists,  or  has  existed, 
be  put  in  quarantine;  to  order  all  or  any  animals  coming  into  the 
District  to  be  detained  at  any  place  or  places  for  the  purpose  of 
inspection  and  examination;  to  prescribe  regulations  for  and  to  re- 
quire the  destruction  of  animals  affected  with  contagious,  infectious, 
or  communicable  disease,  and  for  the  proper  disposition  of  their 
hides  and  carcasses;  to  prescribe  regulations  for  disinfection,  and 
such  other  regidations  as  they  may  deem  necessary  to  prevent  in- 
fection or  contagion  being  communicated,  and  shall  report  to  the 
Commissioner  of  Agriculture  whatever  they  may  do  in  pursuance  of 
the  provisions  of  this  section.  ' 

Act  May  29.  1884.  c.  00.  s.  8.  23  Stat.  33. 

Subsequent  provisions  authorizinir  measures  to  prevent  the  introduc- 
tion or  dissemination  of  contndous.  etc..  diseases  of  animals  in  the 
District  of  Columbia,  and  the  seizure,  etc..  of  material,  meats,  hides,  etc.. 
from  infected  areas,  are  contained  in  act  February  2,  1903,  c.  349,  s.  2. 
set  forth  below. 

Duty  of  district  attorneys  to  prosecute  violations. 

Sec.  9.  That  it  shall  be  the  duty  of  the  several  United  States  dis- 
trict attorneys  to  prosecute  all  violations  of  this  act  which  shall  be 
brought  to  their  notice  or  knowledge  by  any  person  making  the  com- 
plaint under  oath :  and  the  same  shall  be  heard  Ijefore  any  district 
or  circuit  court  of  the  United  State [s]  or  Territorial  court  holden 
within  the  district  in  which  the  violation  of  this  act  has  been 
committed. 

Act  May  29.  18S4.  c.  60.  s.  9.  23  Stat.  33. 

Report  to  Congress  of  expenditures  under  act.  and  means  adopted  for  the  sup- 
pression of  contagious,  etc..  diseases. 

Sec.  11.  That  the  Commissioner  of  Agriculture  shall  report  an- 
nually to  Congress,  at  the  commencement  of  each  session,  a  list  of 
the  names  of  all  persons  employed,  an  itemized  statement  of  all 
expenditures  under  this  act,  and  full  particulars  of  the  means  adopted 
and  carried  into  effect  for  the  suppression  of  contagious,  infectious, 
or  communicable  disea.ses  among  domestic  animals. 

Act  May  29.  1884.  c.  00,  s.  11,  23  Stat.  .33. 

Section  10  of  this  act,  making  an  appropriation  for  carrying  into  effect 
the  provisions  of  the  act,  is  here  omitted  as  temporary. 


I 

BUREAU   OF   ANIMAL   INDUSTRY.  45 

Annual  appropriations  for  carrying  out  the  provisions  of  this  act  are 
contained  in  the  ajj;riculturai  :ii)propriation  acts  for  tlie  fiscal  years  188G 
and  thereafter.  The  provision  in  tlie  act  for  the  iiscal  year  11)13  is  set 
forth  on  p.  72,  post. 

ACT  AUGUST  10.  1912,  c.  284.      (37  Stat.  269.) 

Sale  or  exchange  of  breeding  animals  or  animal  products  produced  or  purchased 
under  appropriations  by  Congress;  deposit  in  Treasury  of  moneys  received 
from  sales. 

And  hereafter  the  Secretary  of  Agriculture  is  authorized  to  sell  in 
the  open  market  or  to  exchange  for  other  breeding  animals  or  animal 
products  to  the  best  advantage,  without  the  usual  condemnation 
proceedings  and  public  auction,  such  animals  or  animal  prpducts 
produced  or  purchased  under  the  appropriations  made  by  Congress 
for  the  use  of  the  Bureau  of  Animal  Industry  as  may  not  be  needed 
in  the  work  of  that  bureau  :  Provided,  That  all  moneys  received  from 
the  sale  of  such  animals  or  animal  products,  or  as  a  bonus  in  the 
exchange  of  the  same,  shall  be  deposited  in  the  Treasury  as  miscel- 
laneous receipts. 

Act  August  10.  1912,  c.  2M.  37  St, it.  271. 

This  is  a  provision  of  the  agricultur.!)  aiipropriation  act  for  the  fiscal 
year    1913,    cited    above. 

ACT  FEBRUARY  2,  1903,  c.  349.  Au  act  to  cual)le  the  Secretary  of  Agriculture 
to  more  effectually  suppress  and  prevent  tlie  spread  of  contagious  and 
infectious  diseases  of  live  stock,  and  for  other  purposes.     (32  Stat.  791.) 

Regulation  of  the  exportation  and  transportation  of  infected  live  stock  by 
Secretary  of  Agriculture;  shipments  after  inspection;  fees;  siipervision  of 
Bureau  o/  Animal  Industry. 

That  in  order  to  enable  the  Secretary  of  Agriculture  to  effectually 
suppress  and  extirpate  contagious  pleuropneumonia,  foot  and  mouth 
disease,  and  other  dangerous  contagious,  infectious,  and  communi- 
cable diseases  in  cattle  and  other  live  stock,  and  to  prevent  the  spread 
of  such  diseases,  the  powers  conferred  on  the  Secretary  of  the  Treas- 
ury by  sections  four  and  five  of  an  Act  entitled  "An  Act  for  the 
establishment  of  a  Bureau  of  Animal  Industry,  to  prevent  the  ex- 
portation of  diseased  cattle,  and  to  provide  moans  for  the  suppres- 
sion and  extirpation  of  pleuropneumonia  and  other  contagious 
diseases  among  domestic  animals,"  approved  ^lay  twenty-ninth, 
eighteen  hundred  and  eighty-four  (twenty-third  United  States  Stat- 
utes, thirty-one),  are  hereby  conferred  on  the  Secretary  of  Agricul- 
ture, to  be  exercised  exclusively  by  him.  Tie  is  hereby  authorized  and 
directed,  from  time  to  time,  to  establish  such  rules  and  regulations 
concerning  the  exportation  and  transportation  of  live  stock  from  any 
place  within  the  United  States  where  he  may  have  reason  to  believe 
.such  diseases  may  exist  into  and  through  any  State  or  Territory, 
including  the  Indian  Territory,  and  into  atul  through  the  District  of 
Columbia  and  to  foreign  coimtries,  as  he  may  deem  necessary,  and  all 
such  rides  and  regulations  shall  have  the  force  of  law.  Whenever  any 
inspector  or  assistant  inspector  of  the  Bureau  of  Animal  Industry 
shall  issue  a  certificate  showing  that  such  officer  had  inspected  any 
cattle  or  other  live  stock  which  were  about  to  be  shij^ped,  driven,  or 
transported  from  such  locality  to  another,  as  above  stated,  and  had 
found  them  free  from  Texas  or  splenetic  fever  infection,  pleuropneu- 
monia, foot  and  mouth  disease,  or  any  other  infectious,  contagious, 
or  communicable  disease,  such  animals,'.so  insi>ected  and  certified,  may 


46  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

be  shipped,  driven,  or  transported  from  such  place  into  and  through 
any  State  or  Teiritory,  including  the  Indian  Territory,  and  into  and 
through  the  District  of  Columbia,  or  they  may  be  exported  from  the 
United  States  without  further  inspection  or  the  exaction  of  fees  of 
any  kind,  except  such  as  may  at  any  time  be  ordered  or  exacted  by 
the  Secretary  of  Agriculture;  and  all  such  animals  shall  at  all  times 
be  under  the  control  and  supervision  of  the  Bureau  of  Animal  Tndus- 
trj'^  of  the  Agricultural  Department  for  the  purposes  of  such  inspec- 
tion. 

Act  February  2.  1903,  (•.•34f).  s.  1.  32  Stat.  791. 

Act  .May  29.  1884,  c.  GO.  lucntionecl  in  tbis  section,  is  set  forth  above. 

Subsfqueut  provisions  for  the  establishment  of  quarantine  of  any 
State  or  Torritoi-y  or  the  District  of  Columbia,  or  any  portion  of  any  of 
them,  when  cattle  or  other  live  stock  therein  are  affected  with  any 
conta,s?iou.s,  etc.,  disease,  and  the  making  and  promulgation  of  regula- 
tion.s  in  regard  thereto,  and  prohibiting  the  interstate  movement  of  cat- 
tle from  .such  quarantined  areas  except  under  such  regulations,  are  con- 
tained in  act  March  3,  1905.  c.  1490,  set  forth  below. 

Regulations  and  measures  to  prevent  contagious,  etc.,  diseases. 

Sec.  2.  That  the  Secretary  of  Agriculture  shall  have  authority  to 
make  such  regulations  and  take  such  measures  as  he  may  deem  proper 
to  prevent  the  introduction  or  dissemination  of  the  contagion  of  any 
contagious,  infectious,  or  communicable  disease  of  animals  from  a 
foreign  country  into  the  United  States  or  from  one  State  or  Territory 
of  the  United  States  or  the  District  of  Columbia  to  another,  and  to 
beize,  quarantine,  and  dispose  of  any  liay.  straw,  forage,  or  similar 
material,  or  any  meats,  hides,  or  other  animal  products  coming  from 
an  infected  foreign  country  to  the  United  States,  or  from  one  State 
or  Territory  or  the  District  of  Columbia  in  transit  to  another  State 
or  Territory  or  the  District  of  Columbia  whenever  in  his  judgment 
sucli  action  is  advisable  in  order  to  crnard  against  the  introduction  or 
spread  of  such  contagion. 

Act  February  2,  1903,  c.  349.  s.  2,  32  Stat.  792, 
See  notes  under  section  1  of  this  v.cx. 

Violatiuns  of  act;  penalty. 

v^EC.  'i.  That  any  person,  company,  or  corporation  knowingly  violat- 
ing the  provisions  of  this  Act  or  the  orders  or  regulations  made  in 
pursuance  thereof  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  j)unished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

Act  February  2,  1903,  c.  349,  s.  3,  32  Stat.  792. 

See  notes  under  section  1  ("f  this  act. 

Appropriations  for  carrying  out  the  j^rovisions  of  this  act  are  contained 
III  the  .-iniuial  agricultural  aiiiiropriation  acts,  beginning  with  the  act  for 
the  fiscal  year  1905.  The  approprinti<  n  hi  the  act  for  the  tiscal  year  1913 
is  set  forth  on  p.  72,  post. 

ACT  MARCi;  3.  1905,  c.  1496.  An  act  to  enable  the  Secretary  of  Agriculture  to 
e.si.iblish  .iiid  maintain  quarantine  districts,  to  permit  and  regulate  the 
movement  of  cattle  and  other  live  stock  therefrom,  and  for  other  purposes. 
(Xi  Stat.  12(^4.) 

Uuarantine  of  State  or  Territory,  etc.,  or  portions  thereof,  where  cattle  or  other 
live  stock  are  affected  with  contagious,  etc.,  disease;   notice  of  quarantine. 

That  the  Secretary  of  Agriculture  is  authorized  and  directed  to 
quarantine  any  State  or  Territory  or  the  District  of  Columbia,  or  any 


BUREAU   OF   ANIMAL   INDUSTRY.  47 

portion  of  any  State  or  Territory  or  the  District  of  Columbia,  when 
he  shall  determine  the  fact  that  cattle  or  other  live  stock  in  such  State 
or  Territory  or  District  of  Columbia  are  a  fleeted  with  any  contagious 
infectious,  or  communicable  disease;  and  the  Secretary  of  Afrriculture 
is  directed  to  give  written  or  printed  notice  of  the  establishment  of 
quarantine  to  the  proper  oflicers  of  railroad,  steamboat,  or  other  trans- 
j)ortation  companies  doing  business  in  or  through  any  quarantined 
State  or  Territory  or  the  District  of  Columbia,  and  to  publish  in  such 
newspapers  in  the  quarantined  State  or  Territory  or  the  District  of 
Columbia,  as  the  Secretary  of  Agriculture  may  select,  notice  of  the 
establishment  of  quarantine. 

Act  March  3,  1905.  c.  1496,  s.  1,  33  Stat.  1264. 

Provisions  for  the  investigation  of  contagious,  etc.,  diseases  among  live 
stoclv,  the  regulation  of  the  exiTortation  and  trausi)ortation  of  infected  live 
stock,  and  the  prevention  of  the  spread  of  such  diseases  among  live  stock, 
are  contained  in  act  May  29,  1884,  c.  60,  and  act  February  2.  1903,  c.  349, 
set  forth  above. 

Transportation,    etc.,    from    quarantined    State    or    Territory,    etc.,    or    portion 
thereof,  of  cattle  or  other  live  stock,  forbidden. 

Sec.  2.  That  no  railroad  company  or  the  ownere  or  masters  of  any 
steam  or  sailing  or  other  vessel  or  boat  shall  receit^e  for  transporta- 
tion or  transport  from  any  quarantined  State  or  Territory  or  the 
District  of  Columbia,  or  from  the  quarantined  portion  of  any  State 
or  Territory  or  the  District  of  Columbia,  into  any  other  State  or 
j  Territory  or  the  District  of  Columbia,  any  cattle  or  other  live  stock, 
'  except  as  hereinafter  provided;  nor  shall  any  person,  company,  or 
corporation  deliver  for  such  transportation  to  any  railroad  company, 
or  to  the  master  or  owner  of  any  boftt  or  vessel,  any  cattle  or  other 
live  stock,  except  as  hereinafter  provided;  nor  shall  any  person,  com- 
pany, or  corporation  drive  on  foot,  or  cause  to  be  driven  on  foot^ 
or  transport  in  private  conveynnce  or  cause  to  be  transported  in 
private  conveyance,  from  a  quarantined  State  or  Territory  or  the 
District  of  Columbia,  or  from  the  quarantined  portion  of  any  State 
or  Territory  or  the  District  of  Columbia,  into  any  other  State  or 
Territory  or  the  District  of  Columbia,  any  cattle  or  other  live  stock, 
except  as  hereinafter  provided. 

Act  March  3,  1905.  c.  1496,  s.  2.  33  Stat.  1264. 

I        Regulations  for  inspection,  disinfection,  certification,  etc.,  and  method,  etc.,  of 
I  shipment,  etc.,  of  cattle  or  other  live  stock  from  quarantined  State  or  Terri- 

i  tory,  etc.,  or  portion  thereof;  notice  of  regulations. 

?  Sec.  3.  That  it  shall  be  the  duty  of  the  Secretary  of  Agriculture, 

I  and  he  is  hereby  authorized  and  directed,  when  the  public  safety 
I  will  permit,  to  make  and  promulgate  rules  and  regulations  which 
shall  permit  and  govern  the  inspection,  disinfection,  certification, 
treatment,  handling,  and  method  and  manner  of  delivery  and  ship- 
ment of  cattle  or  other  live  stock  from  a  quarantined  State  or  Terri- 
tory or  the  District  of  Columbia,  and  from  the  quarantined  portion 
of  any  State  or  Territory  or  the  District  of  Columbia,  into  any  other 
State'  or  Territory  or  the  District  of  Columbia ;  and  the  Secretary 
of  Agriculture  shall  give  notice  of  such  rules  and  reo^ulations  in  the 
manner  provided  in  section  two  of  this  Act  for  notice  of  establish- 
ment of  quarantine. 

Act  March  3,  1905,  c.  1490,  s.  3,  33  Stat.  1265. 


48  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Moving  cattle  or  other  live  stock  from  quarantined  State  or  Territory,  etc.,  or 
portion  thereof,  under  regulations  therefor. 

Sec.  4.  That  cattle  or  other  live  stock  may  be  moved  from  a  quaran- 
tined State  or  Territory  or  the  District  of  Columbia,  or  from  the 
quarantined  portion  of  any  State  or  Territory  or  the  District  of 
Columbia,  into  any  other  Slaio  or  Territory  or  the  District  of  Colum- 
bia, under  and  in  compliance  with  the  rules  and  regulations  of  the 
Secretary  of  Agriculture,  made  and  promulgated  in  pursuance  of 
the  provisions  of  section  three  of  this  Act;  but  it  shall  be  unlawful 
to  move,  or  to  allow  to  be  moved,  any  cattle  or  other  live  stock  from 
any  quarantined  State  or  Territory  or  the  District  of  Columbia,  or 
from  the  quarantined  portion  of  any  State  or  Territory  or  the  Dis- 
trict of  Columbia,  into  any  other  State  or  Territory  or  the  District 
of  Columbia,  in  manner  or  method  or  under  conditions  other  than 
those  prescribed  by  the  Secretary  of  Agriculture. 

Act  March  3.  1905.  c.  149G.  s.  4,  33  Stat.  12G5. 

Molesting  officers  or  employees  of  Bureau  of  Animal  Industry  in  execution  of 
duties;   punishment. 

Sec.  5.  That  every  person  who  forcibly  assaults,  resists,  opposes, 
prevents,  impedes,  or  interferes  with  any  officer  or  employee  of  the 
Bureau  of  Animal  Industry  of  the  United  States  Department  of  Agri- 
culture in  the  execution  of  his  duties,  or  on  account  of  the  execution 
of  his  duties,  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  or  be  imprisoned  not  less  than  one  month 
nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment;  and 
every  person  who  discharges  any  deadly  w^eapon  at  any  officer  or  em- 
ployee of  the  Bureau  of  Animal  Industry  of  the  United  States  De- 
partment of  Agriculture,  or  uses  any  dangerous  or  deadly  weapon  in 
resisting  him  in  the  execution  of  his  duties,  with  intent  to  commit  a 
bodily  injury  upon  him  or  to  deter  or  prevent  him  from  discharging 
his  duties,  or  on  account  of  the  performance  of  his  duties,  shall,  upon 
conviction,  be  imprisoned  at  hard  labor  for  a  term  not  more  than  five 
vears  or  fined  not  to  exceed  one  thousand  dollars. 

Act  March  3.  10O.^>.  c.  1490.  s.  .''>.  33  Stat.  12G5. 

The  provisions  of  this  section  are  incorporated  in  an  act  entitled  "Au 
.act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United  States," 
act  March  4.  1909,  c.  321.  s.  62.  set  forth  on  p.  70.  post. 

Violations  of  provisions  of  sections  2  or  4  of  act;  penalty. 

Sec.  0.  That  any  person,  company,  or  corporation  violating  the  pro- 
visions of  section.s  two  or  four  of  this  Act  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
(•ne  hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  im- 
prisonment not  more  than  one  year,  or  by  lx)th  such  fine  and  iu)- 
prisonment. 

Act  March  3,  390.").  c.  149G.  s.  6,  33  Stat.  12G5. 

Appropriations  for  carrying  out  the  provisions  of  this  act  an?  coninined 
in  tl)e  .•iKricnitnral  aiipropriation  acts  for  the  fiscal  years  1!)0T  and  there 
after.  The  approjiri.atioii  in  the  .ut  for  tlie  lis«^al  year  1913  is  set  forth 
on  p.  72,  post. 

ACT  AUGUST  30,  1890,  c.  839.     (26  Stat.  414.) 

Importation   of  diseased   or   infected   neat   cattle,   sheep,   and   other   ruminants, 
prohibited;    penalty. 

Sec.  G.  That  the  importation  of  neat  cattle,  sheep,  and  other  rumi- 
luuits.  and  swine,  which  are  diseased  or  infected  with  any  disease,  or 


BUREAU   OF  ANIMAL  INDUSTRY.  49 

which  shall  have  been  exposed  to  such  infection  within  sixty  days 
next  before  their  exportation,  is  hereby  prohibited ;  and  any  person 
who  shall  knowingly  violate  the  foregoing  provision  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  punished  by  a 
fine  not  exceeding  five  thousand  dollars,  or  by  imprisonment  not  "ex- 
ceeding three  years,  and  any  vessel  or  vehicle  used  in  such  unlawful 
importation  with  the  knowledge  of  the  master  or  owner  of  said  vessel 
or  vehicle  that  such  importation  is  diseased  or  has  been  exposed  to 
infection  as  herein  described,  shall  be  forfeited  to  the  United  States. 

Act  August  30.  1890,  c.  839,  s.  6,  26  Stat.  416. 

Trovisions  authorizing  the  President  to  suspend  the  prohibition  of  the 
iuii>ortatiou  of  neat  cattle,  domestic  animals,  and  hides  from  foreign 
countries  or  parts  thereof,  upon  certification  by  the  Secretary  of  Agri- 
culture that  such  countries  or  parts  thereof  are  free  from  contagious, 
etc.,  diseases,  are  contained  in  act  April  23,  1897,  c.  1,  set  forth  on  p. 
52,  post. 

Other  provisions  prohibiting  the  importation  of  neat  cattle  or  hides 
thereof  from  foreign  countries,  and  authorizing  the  susi>ension  of  such 
prohibition  as  to  such  foreign  countries  or  parts  thereof  whenever  the 
Secretary  of  the  Treasury  shall  determine  such  importation  will  not  tend 
to  introduction  or  spread  of  contagious,  etc.,  diseases  among  cattle,  are 
contained  in  act  August  5.  1900.  c.  G,  set  forth  on  p.  51,  post. 

Provisions  authorizing  regulations  and  measures  to  prevent  introduc- 
tion or  dissemination  of  contagious,  etc..  diseases  from  foreign  countries, 
and  the  seizure,  quarantine,  and  disiwsal  of  materials,  meats,  and  hides, 
etc.,  from  infected  countries,  are  contained  in  act  February  2,  1903.  c. 
349.  s.  2.  set  forth  on  p.  46,  ante. 

A  provision  authorizing  the  erection  of  fences  along  international 
boundary  lines  for  keeping  out  diseased  animals,  is  contained  in  act  May 
26,  1910,  c.  256,  set  forth  on  p.  52,  post. 

ftuarantine  of  imported  neat  cattle,  sheep,  and  other  ruminants,  and  swine. 

Sec.  7.  That  the  Secretary  of  Agriculture  be,  and  is  hereby,  au- 
thorized, at  the  expense  of  the  owner,  to  place  and  retain  in  quaran- 
tine all  neat  cattle,  sheep,  and  other  ruminants,  and  all  swine,  im- 
ported into  the  United  States,  at  such  ports  as  he  may  designate  for 
such  purpose,  and  under  such  conditions  as  he  may  by  regulation 
prescribe,  respectively,  for  the  several  classes  of  animals  above  de- 
scribed; and  for  this*  purpose  he  may  have  and  maintain  possession 
of  all  lands,  buildings,  animals,  tools.fixtures,  and  appurtenances  now 
in  use  for  the  quarantine  of  neat  cattle,  and  hereafter  purchase,  con- 
struct, or  rent  as  may  be  necessary,  and  he  may  appoint  veterinary 
surgeons,  inspectors,  officers,  and  employees  by  him  deemed  necessary 
to  maintain  such  quarantine,  and  provide  for  the  execution  of  the 
other  provi-sions  of  this  act. 

Act  August  30,  1890.  c.  839,  s.  7.  26  Stat.  41fl. 
See  notes  under  section  6  of  this  act. 
Importation   of   diseased   or   infected   cattle,   sheep,   and    other   rnminants.   and 
swine,  except  at  quarantine  ports,  prohibited;    slaughter  of  infected  ani- 
mals; appraisal;  payment. 
Sec.  8.  That  the  importation  of  all  animals  described  in  this  act 
into  any  port  in  the  TTnited  States,  except  such  as  may  be  designated 
bv  the  Secretarv  of  Agriculture,  with  the  approval  of  the  Secretaiy 
of  the  Treasury,  as  quarantine  stations,  is  hereby  prohibited;  and  the 
Secretary  of  A'irriculture  may  cause  to  be  slaughtered  sucli  <>*  the 
animals  named  in  this  act  as  may  be,  unHer  regulation-  prescribed 
bv  him,  adjudged  to  be  infected  with  any  contagious  disease,  or  to 
h'ave  been  expo.sed  to  infection  so  as  to  be  dangerous  to  other  animals; 
71657—13 4. 


50  LAWS   APPLICABLE   TO   DEPAKTMENT   OF  AGRICULTUKE. 

and  that  the  value  of  animals  so  slaughtered  as  being  so  exposed  to 
infection  but  not  infected  may  be  ascertained  by  the  agreement  of  tlie 
Secretary  of  Agriculture  and  owners  thereof,  if  practicable;  other- 
wise, by  the  appraisal  by  two  persons  familiar  with  the  character 
and  value  of  such  property,  to  be  appointed  by  the  Secretary  of  Agri- 
culture, whose  decision,  if  they  agree,  shall  be  final;  otherwise,  the 
Secretary  of  Agriculture  shall  decide  between  them,  and  his  decision 
shall  be  final;  and  the  amount  of  the  value  thus  ascertained  shall  be 
paid  to  the  owner  thereof  out  of  m.oney  in  the  Treasury  appropriated 
for  the  use  of  the  Bureau  of  Animal  Industry;  but  no  payment  shall 
be  made  for  any  animal  imported  in  violation  of  the  provisions  of 
this  act.  If  any  animal  [s]  subject  to  quarantine  according  to  the 
provisions  of  this  act  are  brought  into  any  port  of  tlie  United  States 
where  no  quarantine  station  is  established  the  collector  of  such  port 
shall  require  the  same  to  be  conveyed  by  the  vessel  on  which  they  are 
imported  or  are  found  to  the  nearest  quarantine  station,  at  the  expense 
of  the  owner. 

Act  August  30,  1890,  c.  S39.  s.  8,  26  Stat.  416. 
See  notes  under  section  6  of  this  act. 

Suspension  of  importation  of  all  animals. 

Sec.  9.  That  whenever,  in  the  opinion  of  the  President,  it  shall  be 
necessary  for  the  protection  of  animals  in  the  United  States  against 
infectious  or  contagious  diseases,  he  may,  by  proclamation,  suspend 
the  importation  of  all  or  any  class  of  animals  for  a  limited  time,  and  _ 
may  change,  modify,  revoke,  or  renew  such  proclamation,  as  the  pub- 
lic good  may  require;  and  during  the  time  of  such  suspension  the 
importation  of  any  such  animals  shall  be  unlawful. 

Act  August  30,  1890,  c.  889,  s.  9,  26  Stat.  416. 
See  notes  under  section  6  of  this  act. 

Inspection  of  imported  animals;  inspection  of  animals  for  exportation. 

Sec.  10.  That  the  Secretary  of  Agriculture  shall  cause  careful 
inspection  to  be  made  by  a  suitable  officer  of  all  imported  animals 
described  in  this  act,  to  ascertain  whether  such  animals  are  infected 
with  contagious  diseases  or  have  been  exposed  to  infection  so  as  to  be 
dangerous  to  other  animals,  which  shall  then  either  be  placed  in 
quarantine  or  dealt  with  according  to  the  regulations  of  the  Secretaiy 
of  Agriculture;  and  all  food,  litter,  manure^  clothing,  utensils,  and 
other  appliances  that  have  been  so  related  to  such  animals  on  board 
ship  as  to  be  judged  liable  to  convey  infection  shall  be  dealt  with 
according  to  the  regulations  of  the  Secretary  of  Agriculture;  and  the 
Secretary  of  Agriculture  may  cause  inspection  to  be  made  of  all  ani- 
mals described  in  this  act  intended  for  exportation,  and  provide  for 
the  disinfection  of  all  vessels  engaged  in  the  transportation  thereof, 
and  of  all  barges  or  other  vessels  used  in  the  conveyance  of  such 
animals  intended  for  export  to  the  ocean  steamer  or  other  vessels, 
and  of  all  attendants  and  their  clothing,  and  of  all  head-ropes  and 
other  appliances  used  in  such  exportation,  by  such  orders  and  regu- 
lations as  he  may  pre.scribe ;  and  if,  upon  such  inspection,  any  such 
animals  shall  be  adjudged,  under  the  regulations  or  the  Secretary  of 
Agriculture,  to  be  infected  or  to  have  been  exposed  to  infection  so  as 
to  be  dangerous  to  other  animals,  they  shall  not  be  allowed  to  be 
placed  upon  any  vessel  for  exportation;  the  expense  of  all  the  inspec- 


BUREAU   OF   ANIMAL  INDUSTRY.  61 

tion  and  disinfection  provided  for  in  this  section  to  be  borne  by  the 
owners  of  the  vessels  on  which  such  animals  are  exported. 

Act  August  30,  1S90.  c.  839,  s.  10,  26  Stat.  417. 

Section  1  of  this  act,  lelatiiif:  to  the  iu.spection  and  ceitification  of 
salted  pork  and  bacon  for  exportation,  is  set  forth  on  p.  53,  pout. 

Sections  2-5  of  this  act  relate  to  the  importation' of  adulterated  food, 
drugs,  and  liquors,  and  are  set  forth  on  p.  184,  post,  under  "  Rureau  of 
Chemistry." 

This  act  is  amende<i  by  a  provision  of  act  March  4.  1011.  c.  238,  set 
forth  below,  to  permit  admission  of  tick-infested  cattle  from  Mexico, 
within  the  discretion  of  the  Secretary  of  Agriculture  and  under  Joint 
regulations  of  the  Secretary  of  Agriculture  and  Secretary  of  the  Treasury. 

Appropriations  for  carrying  out  the  provisions  of  this  act  "providing 
for  an  inspection  of  meats  and  animals."  were  made  in  the  agricultural 
ai>propriation  acts  for  the  fiscal  years  1892  to  1906,  inclusive.  No  appro- 
priations for  the  enforcement  of  the  act  were  made  in  the  similar  acts 
for  the  subsequent  fiscal  years  1907  to  1909.  inclusive,  but  in  the  acts  for 
the  Gscal  year  1910  and  each  year  thereafter  api)ropriations  are  contained 
for  carrying  out  the  provisions  of  the  act  "'  providing  for  the  importation 
of  animals  into  the  United  States."  The  appropriation  in  the  agricul- 
tural act  for  the  fiscal  year  1913  is  set  forth  on  p.  72,  post. 

ACT  MARCH  4,  1911.  c.  238.      (36  Stat.  1235.) 

Amendment  of  act  August  30.   1890.   c.   839;    admission  of  tick-infested  cattle 
from  Mexico  into  part  of  Texas. 

The  Act  of  August  thirtieth,  eighteen  hundred  and  ninety,  is  hereby 
amended  so  as  to  authorize  the  Secretary  of  Agriculture,  within  his 
discretion,  and  under  such  joint  regulations  as  may  be  prescribed  by 
the  Secretary  of  Agriculture  and  the  Secretary  of  the  Treasury,  to 
permit  the  admission  of  tick-infested  cattle  from  Mexico  into  that 
part  of  Texas  below  the  southern  cattle  quarantine  line;     *     *     * 

Act  March  4,  1911,  c.  238,  36  Stat.  1240. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1912,  cited  above. 

The  provisions  of  act  August  30,  1890.  c.  839,  mentioned  in  and  amended 
by  this  provision,  are  set  forth  above. 

ACT  AUGUST  5,  1909,  c.  6.     (36  Stat.  11.) 

Importation   of   neat   cattle    and  hides   thereof   proliibited;    suspension    of  pro- 
hibition. 

Sec.  12.  That  the  importation  of  neat  cattle  and  the  hides  of  neat 
cattle  from  any  foreign  country  into  the  United  States  is  prohibited : 
Provided,  That  the  operation  of  this  section  shall  be  suspended  as  to 
any  foreign  country  or  countries,  or  any  parts  of  such  coimtry  or 
countries,  whenever  the  Secretary  of  the  Treasury  shall  officially  de- 
termine, and  give  public  notice"  thereof  that  such  importation  will 
not  tend  to  the  introduction  or  spread  of  contagious  or  infectious  dis- 
eases among  the  cattle  of  the  United  States;  and  the  Secretary  of  the 
Treasury  is  hereby  authorized  and  empowered,  and  it  shall  be  his 
duty,  to  make  all  necessary  orders  and  regulations  to  carry  this  sec- 
tion into  effect,  or  to  suspend  the  same  as  herein  provided,  and  to  send 
copies  thereof  to  the  proper  officers  in  the  United  States  and  to  such 
officers  or  agents  of  the  United  States  in  foreign  countries  as  he  shall 
judge  necessary. 

Act  August  5.  1909,  c.  6.  s.  12,  36  Stat.  86. 

This  and  the  next  following  section  are  sections  of  the  tariff  act  of 
1909.  Provisions  in  the  same  language,  contained  in  the  tariff  act  of 
1897,  act  July  24,  1897,  c.  11,  ss.  25.  26,  are  superseded  by  these  sections. 


52  LAWS   APPLICABLE   TO  DEPARTMENT   OF   AGRICULTUEE. 

Other  provisions  authorizing  the  President  to  suspend  the  prohibition 
of  the  importation  of  neat  cattle,  domestic  animals,  and  hides  from 
foreign  countries  or  parts  thereof,  upon  certification  by  the  Secretary  of 
Agriculture  that  such  countries  or  parts  thereof  are  free  from  contagious, 
etc..  diseases,  are  contained  in  act  April  23,  1897.  c.  1,  set  forth  below. 

Provisions  prohibiting  the  importation  of  diseased  or  infected  neat 
cattle,  sheep,  and  other  riuuinants,  and  swine,  and  providing  for  quaran- 
tine and  insiiection  of  imported  animals,  and  suspension  of  importation 
by  the  President,  are  contained  in  act  August  30,  1890,  c.  839,  ss.  6-10, 
set  forth  above. 

Violation  of  provisions  of  preceding  section;    penalty. 

Sec.  13.  That  any  person  convicted  of  a  willful  violation  of  any 
of  the  provisions  of  the  preceding  section  shall  be  fined  not  exceeding 
five  hundred  dollars,  or  imprisoned  not  exceeding  one  year,  or  both, 
in  the  discretion  of  the  court. 

Act  August  5,  1909.  c.  G,  s.  13.  36  Stat.  87. 
See  notes  under  preceding  section  of  this  act. 

ACT  MAY  26.  1910,  c.  256.     (36  Stat.  416.) 

Fences  along  international  botindaries  to  keep  out  diseased  animals. 

Hereafter  the  Secretary  of  Agi-iculture  may  permit  the  erection  of 
fences  along  international  boundary  lines.  l3ut  entirely  within  the 
territory  of  the  United  States,  for  the  purpose  of  keeping  out  diseased 
animals. 

Act  May  26,  1910,  c.  256,  36  Stat.  440. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1911,  cited  above. 

ACT  APRIL  23,  1897,  c.  1.     (30  Stat.  1.) 

Suspension  of  prohibition  of  importation  of  neat  cattle,  domestic  animals,  and 
hides. 

That  wlionever  the  Secretary  of  Agriculture  shall  certify  to  the 
President  of  the  United  States  what  countries  or  parts  of  countries 
are  free  from  contagious  or  infectious  diseases  of  domestic  animals, 
and  that  neat  cattle,  domestic  animals,  and  hides  can  be  imported 
from  such  countries  without  danger  to  the  domestic  animals  of  the 
United  States,  the  President  of  the  United  States  may  suspend  the 
prohibition  of  the  importation  of  neat  cattle,  domestic  animals,  and 
hides  in  the  manner  provided  by  law.  That  the  President  be,  and 
he  is  hereby,  authorized  to  cause  correspondence  and  negotiation  to 
be  had,  through  the  Department  of  State  or  otherwise,  with  the 
authorities  of  the  Kingdom  of  Great  Britain  for  the  purpose  of 
securing  the  abrogation  or  modification  of  the  regulations  now  en- 
forced by  said  authorities  which  require  cattle  imported  into  Great 
Britain  fi-om  the  United  States  of  America  to  be  slaughtered  at  the 
port  of  entry,  and  ]>rohibiting  the  same  from  being  carried  alive  to 
other  places  in  said  Kingdom. 

Act  April  23.  1S97,  c.  1.  30  Stat.  7. 

This  paragrai)h,  and  a  paragraph  providing  for  the  determination  and 
the  certification  to  the  Secretary  of  the  Treasury,  of  pure-bred  animals 
for  iniifortation,  are  contained  in  the  agricultural  appropriation  act  for 
the  (isc.il  year  1898,  and  similar  provisions  are  contained  in  the  similar 
;ippro])riation  acts  for  i>rovi()us  fiscal  years.  The  provi^^ion  for  the  deter- 
mliiiitiun  and  the  certification  to  the  Secretary  of  the  Treasury  of  pure- 
bred animals  for  importation,  is  suiiersedtMi  by  a  proviso  in  a  paragraph 
of  the  lariiT  act  of  1900.  :'cl  August  .">,  1909.  c.  6.  s.  1,  par.  492,  set  forth 
below. 


BUREAU    OF   ANIMAL   INDUSTRY.  53 

ACT  AUGUST  5.  1909,  c.  6.     (36  Stat.  11.) 

Animals  imported  for  breeding  purposes;  determination  and  certification  of 
pure-bred  animals  for  importation. 

492.  Any  aiiinial  imported  by  a  citizen  of  tlie  United  States  spe- 
cially for  breeding  purposes  shall  be  admitted  free,  whether  intended 
to  be  so  used  by  the  importer  himself  or  for  sale  for  such  purpose: 
Provided^  That  no  such  animal  shall  be  admitted  free  unless  pure 
bred  of  a  recognized  breed,  and  duly  registered  in  the  book  of  record 
established  for  that  breed:  And  prorided  further,  That  certificate  of 
such  record  and  of  the  pedigree  of  such  animal  shall  be  produced  and 
submitted  to  the  customs  officer,  duly  authenticated  by  the  proper 
custodian  of  such  book  of  record,  together  with  the  affidavit  of  the 
owner,  agent,  or  importer  that  such  animal  is  the  identical  animal 
described  in  said  certificate  of  record  and  pedigree:  And  prooided 
f)/rf/trr.  That  the  Secretary  of  Agriculture  shall  determine  and  cer- 
tify to  the  Secretary  of  the  Treasury  what  are  recognized  breeds  and 
pure-bred  animals  under  the  provisions  of  this  paragraph.  The 
Seo-etary  of  the  Treasury  may  prescribe  such  additional  regulations 
as  may  be  required  for  the  strict  enforcement  of  this  provision.  Cat- 
tle, horses,  sheep,  or  other  domestic  animals  straying  across  the 
boundary  line  into  any  foreign  country,  or  driven  across  such  bound- 
ary line  by  the  owner  for  temporary^  pasturage  purposes  only, 
together  with  their  offspring,  may  be  brought  back  to  the  United 
States  within  six  months  free  of  duty,  under  regulations  to  be  pre- 
scrilied  by  the  Secretary  of  the  Treasury :  And  provided  further,  That 
the  provisions  of  this  act  shall  apply  to  all  such  animals  as  have 
been  imported  and  are  in  quarantine,  or  otherwise  in  the  custody  of 
customs  or  other  officers  of  the  United  States,  at  the  date  of  the  pas- 
sage of  this  Act. 

Act  August  5,  1909,  c.  G,  s.  1,  par.  492,  36  Stat.  72. 

This  is  a  paragraph  of  the  tariff  act  of  1909,  aucl  re-enacts  in  the  same 
language  a  paragraph  of  the  tariff  act  of  1897,  act  July  24,  1897,  c.  11,  s. 
2,  par.  473.  30  Stat.  194,  as  amended  by  act  March  3,  1903.  c.  998.  32  Stat. 
1023,  entitled  "An  act  regulating  the  importation  of  breeding  animals." 

The  proviso  in  this  paragraph  relating  to  the  determination  and  the 
certification  to  the  Secretary  of  the  Treasury,  of  pure-bred  animals  for 
importation,  .supersedes  similar  provisions  in  the  agricultural  appropria- 
tion acts  for  the  fiscal  year  1898  and  previous  fiscal  years. 

ACT  AUGUST  30,  1890,  c.  839.  An  act  providing  for  an  inspection  of  meats  for 
exportation,  prohibiting  the  importation  of  adulterated  articles  of  food  or 
drink,  and  authorizing  the  President  to  make  proclamation  in  certain  cases, 
and  for  other  purposes.     (26  Stat.  414.) 

Inspection  of  salted  pork  and  bacon  for  exportation;   certificates  of  inspection; 
identification  marks,  stamps,  etc.;  forgery;   penalty. 

That  the  Secretary  of  Agriculture  may  cause  to  be  made  a  careful 
inspection  of  salted  pork  and  bacon  intended  for  exportation,  with 
a  view  to  determining  whether  the  same  is  wholesome,  sound,  and 
fit  for  human  food  whenever  the  laws,  regulations,  or  orders  of  the 
Government  of  any  foreign  country  to  which  such  pork  or  bacon 
is  to  be  exported  shall  require  inspection  thereof  relating  to  the  im- 
portation thereof  into  such  country,  and  also  whenever  any  buyer, 
seller,  or  exporter  of  such  meats  intended  for  exportation  shall  request 
the  inspection  thereof. 

Sucli  inspection  shall  be  made  at  the  place  where  such  meats  are 
packed  or  boxed,  and  each  package  of  such  meats  so  inspected  shall 


54  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTURE. 

bear  the  marks,  stamps,  or  other  device  for  identification  provided  for 
in  the  last  clause  of  this  section :  Provided^  That  an  inspection  of 
such  meats  may  also  be  made  at  the  place  of  exportation  if  an  in- 
spection has  not  been  made  at  the  place  of  packing,  or  if,  in  the 
opinion  of  the  Secretary  of  Aericulture,  a  re-inspection  becomes  nec- 
essary. One  copy  of  any  certificate  issued  by  any  such  inspector  shall 
be  filed  in  the  Department  of  Agriculture;  another  cop 3^  shall  be 
attached  to  the  invoice  of  each  separate  shipment  of  such  meat,  and 
a  third  copy  shall  be  delivered  to  the  consignor  or  shipper  of  such 
meat  as  evidence  that  packages  of  salted  pork  and  bacon  have  been 
inspected  in  accordance  with  the  provisions  of  this  act  and  found  to 
be  wholesome,  sound,  and  fit  for  human  food;  and  for  the  identifi- 
cation of  the  same  such  marks,  stamps,  or  other  devices  as  the  Secre- 
tary of  Agriculture  may  by  regulation  prescribe  shall  be  affixed  to 
each  of  such  packages. 

Any  person  who  shall  forge,  counterfeit,  or  knowingly  and  wrong- 
inWj  alter,  deface,  or  destroy  any  of  the  marks,  stamps,  or  other 
devices  provided  for  in  this  section  on  any  package  of  any  such 
meats,  or  who  shall  forge,  counterfeit,  or  knowingly  and  wrongfully 
alter,  deface,  or  destroy  any  certificate  in  reference  to  meats  provided 
for  in  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars  or  imprisonment  not  exceeding  one  year,  or  by  both 
said  punishments,  in  the  discretion  of  the  court. 

Act  August  30,  1800,  c.  839,  s.  1,  26  Stat.  414. 

Sections  2-5  of  this  act,  relating  to  the  importation  of  adulterateil  food, 
drugs,  and  liquors,  are  set  forth  on  p.  1S4.  /ws/.  under  "Bureau  of 
Chemistry." 

Sections  6-10  of  this  act.  relating  to  the  ini)iortation.  quarantine,  and 
inspection  of  diseased  or  infected  cattle,  etc.,  are  set  forth  on  p.  48,  ante. 

Appropri.itions  for  carrying  out  the  provisions  of  this  act  "  providing 
for  an  insi)ection  of  meats  and  animals."  wore  made  in  the  agricultural 
approi)riation  acts  for  the  fiscal  years  1802  (o  1000.  inclusive.  No  appro- 
priations for  carrying  out  the  provisionp  of  the  act  were  made  in  the  simi- 
lar acts  for  the  subsequent  fiscal  years  1907  to  1909.  inclusive,  and  appro- 
priations made  in  the  agricultural  ai)i)roiiriation  acts  for  the  fiscal  year 
1910  and  each  year  thereafter  are  for  carrying  out  the  provisions  of  the 
act  "providing  for  the  importation  of  anini.'ils  into  the  TTnited  States." 
The  appropriation  in  the  act  for  the  fiscal  year  1913  is  set  forth  on 
p.  72,  poni. 

Other  provisions  for  the  inspection  and  certification  of  live  cattle,  etc., 
the  carcasses  and  pnxlucts  of  which  are  for  interstate  commerce  or  ex- 
portation, and  prohibiting  the  interstate  tr.Uisportation  of  carcasses  and 
products  of  animals  found  unsound  or  diseased,  are  contained  in  act 
March  ?,,  ISOl.  c.  555.  set  forth  below. 

Subse(]uent  comprehensive  provisions  for  the  inspection  of  cattle,  sheep, 
swine,  and  goats,  before  slaughter,  the  meat  or  products  of  which  are 
for  export:ition  or  interstate  commerce,  tho  imst-mortem  inspection  of 
carcasses  and  parts  thereof,  the  marking,  etc.,  of  sound,  etc.,  and  con- 
demne<1  carcasses  .ind  parts  thereof,  the  l;ibeling  of  receptacles,  etc.,  ftf 
meat  and  products,  the  protection  of  m.irks,  certificates,  etc.,  the  sani- 
tary Inspection  of  slaughtering,  etc..  ost.iblishments.  and  prohibiting  the 
e\'i)ortation  and  interst;ite  transportation  of  nicats  or  products  not  in- 
sjiected  and  passed,  are  contained  in  act  March  4.  1!W>7.  c.  2007,  set  forth 
on  p.  61.  post. 

All  parts  of  this  act  providing  for  an  inspection  of  meats  for  exporta- 
tion, which  are  a]»plicable  to  the  subjects  and  purposes  described  in 
section  5  act  May  9,  1902.  c.  784,  set  forth  on  p.  59,  post,  are  by  that  act 
made  to  ai»ply  to  process  or  renovate<l  iMifter. 


BUREAU   OF   ANIMAL  INDUSTRY.  55 

ACT  MARCH  3,  1891,  c.  555.  An  act  to  provide  for  the  iuspoctiou  of  live  cattle, 
hogs,  and  the  carcnsses  and  i)rodiu'ts  thereof  which  are  the  snhjects  of 
interstate  conuiiorce,  and  for  other  purposes.     (2r>  stat.  lOS'.t. ) 

Inspection  of  cattle  intended  for  export;  inspectors;  certificates;  clearance  of 
vessels. 

That  the  Secretary  of  Agriculture  shall  cause  to  be  made  a  careful 
inspection  of  all  cattle  intended  for  export  to  foreign  countries  from 
the  United  States,  at  such  times  and  places,  and  in  such  manner,  as  he 
may  think  proper,  with  a  view  to  ascertain  whether  such  cattle  are 
free  from  disease;  and  for  this  purpose  he  may  appoint  inspectors, 
who  shall  be  authorized  to  give  an  official  certificate  clearly  stating 
the  condition  in  which  such  animals  are  found,  and  no  clearance  shall 
be  given  to  any  vessel  having  on  board  cattle  for  exportation  to  a 
foreio^n  country  unless  the  owner  or  shipper  of  such  cattle  has  a 
certihcate  from  the  inspector  herein  authorized  to  be  appointed,  stat- 
ing that  said  cattle  are  sound  and  free  from  disease. 

Act  March  3,  1S91,  c.  555,  s.  1,  26  Stat.  1089. 
Inspection  of  cattle  the  meat  of  which  is  intended  for  exportation. 

Sec.  2.  That  the  Secretary  of  Agriculture  shall  also  cause  to  be 
made  a  careful  inspection  of  all  live  cattle,  the  meat  of  which,  fresh, 
salted,  canned,  corned,  packed,  cured,  or  otherwise  prepared,  is  in- 
tended for  exportation  to  any  foreign  country,  at  such  times  and 
places,  and  in  such  manner  as  he  may  think  proper,  with  a  view  to 
ascertain  whether  said  cattle  are  free  from  disease,  and  their  meat 
sound  and  wholesome,  and  may  appoint  inspectors  who  shall  be  au- 
thorized to  give  an  official  certificate  clearly  stating  the  condition  in 
which  such  cattle  and  meat  are  found,  and  no  clearance  shall  be  given 
to  any  vessel  having  on  board  any  fresh,  salted,  canned,  corned,  or 
packed  beef  being  the  meat  of  cattle  killed  after  the  passage  of  this 
Act  for  exportation  to  and  sale  in  a  foreign  country  from  any  port  in 
the  United  States  until  the  owner  or  shipper  shall  obtain  from  an 
inspector  appointed  under  the  provisions  of  this  Act  a  certificate  that 
said  cattle  were  free  from  disease  and  that  their  meat  is  sound  and 
wholesome. 

Act  March  3. 1891.  c.  555.  s.  2,  2G  Stat.  1090,  as  amended  by  act  March  2, 
1895,  c.  169,  28  Stat.  732. 

This  section  is  amended,  to  read  as  set  forth  above,  by  act  March  2, 
1895,  c.  1G9,  cited,  by  iuyertin.;;,  .ifter  the  words  "  the  nie.it  of  which,"  the 
words  "fresh,  salted,  canned,  cornetl.  packed,  cured,  or  otherwise  pre- 
pared." and  by  inserting,  after  the  words  '*  on  board  any  fresh,"  the  words 
"salted,  cauiied.  coviuhI.  or  i).icke<l."  and  by  insertins;,  after  the  word 
"beef,"  the  words  "  beins,'  the  meat  of  cattle  killed  after  the  passage  of 
tliis  Act."  and  by  adding,  at  the  end  of  the  section  as  originally  enacted, 
the  words  "  that' said  cattle  wore  free  from  disease  and  th.it  their  meat  is 
sound  and  wholesome." 

Inspection  of  cattle,  sheep,  and  hogs  the   carcasses  or  products  of  which  are 
intended  for  interstate  commerce. 

Sec.  3.  The  Secretary  of  Agriculture  shall  cause  to  be  inspected 
prior  to  their  slaughter,  all  cattle,  sheep,  and  hogs  which  are  subjects 
of  interstate  commerce  and  which  are  about  to  be  slaughtered  at 
slaughter-houses,  canning,  salting,  packing  or  rendering  establish- 
ments in  any  State  or  Territory,  the  carcasses  or  products  of  which 
are  to  be  transported  and  sold  for  human  con.sumption  in  any  other 
State  or  Territory,  or  the  District  of  Columbia,  and  in  addition  to  the 


56  LAWS  APPLICABLE   TO   DEPARTMENT   O?  AGRICULTURE. 

aforesaid  inspection,  there  may  be  made  in  all  cases  where  the  Secre- 
tary of  Agriculture  may  deem  necessary  or  expedient,  under  rules  and 
regulations  to  be  by  him  prescribed,  a  post  mortum  examination  of  the 
carcasses  of  all  cattle,  sheep  and  hogs  about  to  be  prepared  for  human 
consumption  at  any  slaughter-house,  canning,  salting,  packing  or 
rendering  establishment  in  any  State  or  Territory,  or  the  District  of 
Columbia  which  are  the  subjects  of  interstate  commerce. 

Act  March  3,  1891,  c.  555,  s.  3,  2G  Stat.  1090. 

Regulations  for 'examination   of  carcasses   and  products   of   cattle,   slieep,   and 
swine;  Identification  marks;  forgery,  etc.,  of  marks,  etc.;  penalty. 

Sec.  4.  That  said  examination  shall  be  made  in  the  manner  pro- 
vided by  rules  and  regulations  to  be  prescribed  by  the  Secretary  of 
Agriculture,  and  after  said  examination  the  carcasses  and  products 
of  all  cattle,  sheep,  and  swine  found  to  be  free  of  disease  and  whole- 
some, sound,  and  fit  for  human  food  shall  be  marked,  stamped,  or 
labeled  for  identification  as  may  be  provided  by  said  rules  and  regu- 
lations of  the  Secretary  of  Agriculture.  Any  person  who  shall  forge, 
counterfeit,  simulate,  imitate,  falsely  represent,  or  use  without  au- 
thority, or  knowingly  and  wrongfully  alter,  deface,  or  destro}'  any  of 
the  marks  stamps,  or  other  devices  provided  for  in  the  regulations  of 
the  Secretary  of  Agriculture,  of  any  such  carcasses  or  their  products, 
or  who  shall  forge,  counterfeit,  simulate,  imitate,  falsely  represent, 
or  use  without  authority,  or  knowingly  and  wrongfully  alter,  deface, 
or  destroy  any  certificate  or  stamp  provided  in  said  regulations,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment not  exceeding  one  year,  or  by  both  said  punishments,  in 
the  discretion  of  the  court. 

Act  March  3,  1891,  c.  555,  s.  4,  26  Stat.  1090,  as  ameuded  by  act  March 
2,  1895,  c.  169,  28  Stat.  732. 

This  section  is  nniended,  to  read  as  set  forth  above,  by  act  March  2, 
1895,  c.  169,  cited,  by  inserting,  after  the  words  "  foige,  counterfeit." 
where  they  occur  in  this  section,  the  words  "  simulate,  imitate,  falsely 
represent,  or  use  without  authority." 

Interstate  transportation  of  unsound  carcasses  and  food  products  thereof  pro- 
hibited;  penalty. 

Sec.  5.  That  it  shall  be  unlawful  for  any  person  to  transport  from 
one  State  or  Territory  or  the  District  of  Columbia  into  any  other 
State  or  Territory  or  tlie  District  of  Columbia,  or  for  any  person  to 
deliver  to  another  for  transportation  from  one  State  or  Territory  or 
the  District  of  Columbia  into  another  State  or  Territory  or  the 
District  of  Columbia  the  carcasses  of  any  cattle,  slieep,  or  swine,  or 
the  food  products  thereof,  which  have  been  examined  in  accordance 
with  tlie  provisions  of  sections  three  and  four  of  this  act,  and  which 
on  said  examination  have  been  declared  by  the  inspector  making  the 
same  to  be  unsound  or  diseased.  Any  persons  violating  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  for  each  offense  as  provided  in  section  four  of  this  act. 

Act  March  3.  1891,  c.  .^^55.  s.  H,  20  Stat.  1090. 

Regulations  to  prevent  tlie  transportation  interstate  or  to  foreign 
countries  of  condennicd  carcasses  of  cattle,  sheep,  and  swine,  are  author- 
ized by  i)rovlsions  of  a<'t  March  2,  1S95,  c.  169.  set  forth  below. 


BUREAU   OF   ANIMAL  INDUSTRY.  57 

Official  certificates  for  sound  cattle,  sheep,  and  swine  and  their  carcasses  and 
products. 

Sec.  G.  That  tlie  inspectors  provided  for  in  sections  one  and  two 
of  this  act  shall  be  authorized  to  give  official  certificates  of  the  sound 
and  wholesome  condition  of  the  cattle,  sheep,  and  swine,  their  car- 
casses and  products  described  in  sections  three  and  four  of  this  act, 
and  one  copy  of  every  certificate  granted  under  the  provisions  of  this 
act  shall  be  filed  in  the  Department  of  Agriculture,  another  copy  shall 
be  delivered  to  the  owner  or  shipper,  and  when  the  cattle,  sheep, 
and  swine,  or  their  carcasses  and  products  are  sent  abroad,  a  third 
copy  shall  be  delivered  to  the  chief  officer  of  the  vessel  on  which  the 
shipment  shall  be  made. 

Act  March  3,  1S91.  c.  ."loo.  s.  6.  2G  Stat.  1090. 

The  waiver  of  the  requirement  of  a  certificate  with  beef  and  other 
products  exported  to  foreign  countries  that  do  not  require  such  inspec- 
tion, is  authoriz<?d  by  a  provision  of  act  March  3,  1903.  c.  1008,  set  forth 
below,  and  siuiihir  provisions  in  subsequent  agriculturaf  appropriation 
acts. 

Provisions  of  act  not  to  apply  to  cattle,  sheep,  or  swine  slaughtered  by  farmers 
on  farms. 

Sec.  7.  That  none  of  the  provisions  of  this  act  shall  be  so  con- 
strued as  to  apply  to  any  cattle,  sheep,  or  swine  slaughtered  by  any 
farmer  upon  his  farm,  which  may  be  transported  from  one  State  or 
Territory  or  the  District  of  Columbia  into  another  State  or  Terri- 
tory or  the  District  of  Columbia:  Provided,  however,  That  if  the 
carcasses  of  such  cattle,  sheep,  or  swine  go  to  any  packing  or  canning 
establishment  and  are  intended  for  transportation  to  any  other  State 
or  Territory  or  the  District  of  Columbia  as  hereinbefore  provided, 
they  shall  there  be  subject  to  the  post  mortem  examination  provided 
for  in  sections  three  and  four  of  this  act. 

Act  March  3,  1891.  c.  .^55.  s.  7.  26  Stat.  1091. 

Violation  of  the  provisions  of  this  act  is  evidently  made  punishable 
and  penalty  is  prescribed  therefor  in  provisions  of  act  March  2,  1895, 
c.  169,  set  forth  below. 

Live  horses  are  entitled  to  the  same  inspection  as  other  animals,  by  a 
provision  of  act  March  3.  1903.  c.  1008.  set  forth  below,  and  similar  pro- 
visions of  subsequent  agricultural  appropriation  acts. 

All  parts  of  this  act  and  the  amendment  thereto  approved  March  2. 
1895.  which  are  applicable  to  the  subjects  and  purposes  described  in  sec- 
tion 5,  act  May  9,  1902,  c.  784.  set  forth  below,  are  by  that  act  made  to 
apply  to  process  or  renovated  butter. 

This  act.  as  amended  by  act  March  2,  1895,  is  made  to  Include  dairy 
products  intended  for  exportation  to  foreign  countries,  by  a  provision  of 
act  May  23,  1908,  c.  192.  set  forth  below. 

Appropriations  for  carrying  out  the  provisions  of  this  act  were  made 
in  the  agricultural  appropriation  acts  for  the  fiscal  years  1893  to  1906, 
inclusive.  The  appropriation  for  this  purpose  was  omitted  in  the  agri- 
cultural appropriation  acts  for  the  fiscal  years  1907  and  thereafter. 

Subsequent  and  more  comprehensive  provisions  for  the  inspection  of 
cattle,  sheep,  swine,  and  goats,  before  slaughter,  the  meat  or  products  of 
which  ;;re  for  exportation  or  interstate  commerce,  the  post-mortem  in- 
spection of  carcasses  and  parts  thereof,  the  marking,  etc..  of  sound,  etc., 
and  condemned  carcasses  and  parts  thereof,  the  labeling  of  receptacles, 
etc..  of  meat  and  products,  the  protection  of  certificates,  marks,  etc.,  the 
sanitarv  inspection  of  slaughtering,  etc.,  establishments,  and  prohibiting 
the  exportation  and  interstate  transportation  of  meats  or  products  not 
inspected  and  passed,  were  enacted  in  the  agricultural  appropriation 
act  for  the  fiscal  year  1907,  act  June  30.  1906,  c.  3913.  and  re-enacted 


58  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

and  made  permanent  in  the  similar  appropriation  act  for  the  fiscal  j^ear 
190S,  act  March  4,  1907,  c.  2907.  set  forth  on  p.  61,  post,  and  a  permanent 
appropriation  of  $3,000,000  for  the  expenses  of  the  inspection  provided 
for  and  to  carry  Into  effect  the  proAisions  of  the  act  relating  to  meat 
inspection,  also  made  by  said  act  June  30,  1906.  c.  3913.  is  set  forth  on 
p.  68,  post. 

Previous  provisions  for  the  inspection  of  halted  pork  and  bacon  for 
exportation,  are  contained  in  act  Au^ist  30,  c.  839,  s.  1,  set  forth  on 
p.  53,  ante. 

ACT  MARCH  2,  1895,  c.  169.      (28  Stat.  727.) 

Regulations  to  prevent  interstate  transportation  and  exportation  of  condemned 
carcasses  or  parts  thereof  of  cattle,  sheep,  and  swine;  violation  of  act; 
penalty. 

The  Secretar}'  of  Agriculture  is  liereby  authorized  to  make  .such 
rules  and  regulations  as  he  may  decide  to  be  necessary  to  prevent  the 
transportation  from  one  State  or  Territory  or  the  District  of  Colum- 
bia into  any  other  State  or  Territory  or  the  Di.=trict  of  Columbia,  or  to 
any  foreign  country,  of  tlie  condemned  carcasses  or  parts  of  car- 
casses of  cattle,  sheep,  and  swine,  which  have  been  inspected  in  ac- 
cordance with  the  provisions  of  this  Act.  Any  person,  company,  or 
corporation  owning  or  operating  any  such  slaughter-house,  abattoir, 
or  meat  curing,  packing,  or  canning  establishment,  or  any  employee 
of  the  same,  that  shall  willfully  violate  any  provision  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  punished  for  each  offense  by  a  fine  not  exceeding  one  thou- 
sand dollars  or  imprisonment  not  exceeding  one  year,  or  by  both  said 
punishments,  in  the  discretion  of  the  court. 

Act  March  2,  1895.  c.  169.  28  Stat.  732. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1896,  following  provisions  expressly  amending  act  March  3.  1891. 
c.  555.  ss.  2,  4,  set  forth  above  as  amended. 

ACT  MARCH  3,  1903,  c.  1008.     (32  Stat.  1147.) 

Inspection  of  horses  and  their  carcasses  and  products;   waiver  of  certificate  of 
Inspection  of  beef,  etc. 

*  *  t.  ']^\y^i  live  hoises  and  the  products  and  carcasses  thereof 
be  entitled  to  the  same  inspection  as  other  animals,  carcasses,  and 
products  thereof,  herein  named :  Provided  further.  That  the  Secre- 
tary of  Agriculture  may  in  his  discretion  waive  the  requirement  of  a 
certificate  with  beef  and  other  products  which  are  exported  to  coun- 
tries that  do  not  require  such  inspection.     "     *     * 

Act  March  3.  1903.  c.  1008,  32  Stat.  1150. 

These  are  i)rovisos  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1904  annexed  to  an  approi)riation  for  carrying  out  the  provisions  of 
act  March  3,  1891.  c.  555,  and  amendatory  act  March  2.  1895.  c.  169. 
which  act  as  amended  is  ser  forth  above.  Provisos  In  the  same  lan- 
guage are  contained  in  the  similar  appropriation  acts  for  the  previous 
fl.scal  years,  beginning  with  1899. 

Similar  provisos  for  the  Inspection  of  live  horse.s.  but  omitting  the 
words,  "and  the  carcasses  and  i)roducts  thereof,"  were  contained  in  the 
similar  ai)propriation  acts  for  the  subsequent  fiscal  years.  Including  the 
act  for  the  fiscal  yenr  1909.  and  the  provision  was  omitted  entirely  in 
the  acts  thereafter. 

The  i)rovlso  authorizing  the  waiver  of  the  requirement  of  a  '^ertiflciite 
of  Inspet^tlon  of  beef  .nml  other  iiroducts  for  exportation,  was  repeated  in 
the  sjime  words  in  the  agricultural  ajijiroprlatlon  acta  for  subsequent 
fiscal  years.  Including  that  for  1906.     SucJi  waiver  Is  otherwise  authorized 


BUREAU   OF   ANIMAL   INDUSTRY.  59 

by  a  provision  of  the  agricultural  appropriatioii  act  fi>r  the  fiscal  year 
1907,  which  is  re-enacted  and  made  permanent  In  the  similar  act  for  the 
fiscal  year  1908,  act  March  4.  1!H)7,  c.  2907.  set  forth  on  p.  04,  post. 

ACT  MAY  23,  1908.  c.  192.     (35  Sttit.  251.) 

Inspection  of  dairy  products  for  exportation;   inden'tification  marks,  etc. 

*  *  *  That  the  Act  of  jNIarch  third,  eighteen  hundred  and 
ninety-one,  as  amended  March  second,  oiijhteen  hundred  and  ninety- 
five,  f(u-  the  inspection  of  live  cattle  and  i)i'(Klncts  (hereof,  shall  be 
deemed  to  include  dairy  products  intended  for  exportation  to  any 
foreign  country,  and  the  Secretary  of  Agiiculture  may  apply,  under 
rules  and  regulations  to  be  prescribed  by  hini.  the  provisions  of  said 
act  for  inspection  and  certification  appropriate  for  ascertaining  the 
purity  and  quality  of  such  products,  and  may  cause  the  same  to  be 
so  marked,  stamped,  or  labeled  as  to  secure  their  identity  and  make 
known  in  the  n^arkets  of  foreign  countries  to  which  tliey  may  be 
sent  from  the  United  States  their  purity,  quality,  and  grade;  and 
all  the  provisions  of  said  Act  relating  to  live  cattle  and  products 
thereof  for  export  shall  apply  to  dairy  ])roducts  so  inspected  and 
certified:     *     *     * 

Act  May  23.  1908,  c.  192,  35  Stat.  2M. 

These  are  provisions  of  the  agrioultnr.il  .ipiiropriation  act  for  the  fiscal 
year  liXM).  cited  above.  Similar  provisions  were  contained  in  the  similar 
appropriation  acts  for  the  previous  fiscal  years,  beginning  with  the  act 
for  the  fiscal  year  1902. 

Act  March  3,  1891,  c.  555,  as  amended  by  act  March  2,  1895,  c.  169,  is 
set  forth  on  p.  55,  ante. 

Other  provisions  extending  provisions  of  act  August  30,  1890,  c.  839, 
and  act  March  3,  1891.  c.  555.  as  amende<l  by  act  March  2,  1895.  c.  169, 
to  process  or  renovated  butter;  providing  for  marking,  etc.,  of  same,  for 
sanitary  inspection  of  factories,  etc.,  and  materials;  and  maliing  viola- 
tion of  such  provisions  punishable  by  a  penaltv.  .ire  contained  in  act 
May  9,  1902,  c.  784,  s.  5,  sot  forth  below. 

ACT  MAY  9,  1902,  c.  784.     (32  Stat.  193.) 

Inspection  of  process  or  renovated  butter;  sanitary  inspection  of  factories,  etc.; 
marking,  etc.,  on  packages;  regulations  and  investigations  and  reports  on 
materials  used;   violations  of  provisions  punishable. 

Sec.  5.  All  parts  of  an  Act  providing  for  an  inspection  of  meats 
for  exportation,  approved  August  thirtieth,  eighteen  hundred  and 
ninety,  and  of  an  Act  to  provide  for  the  inspection  of  live  cattle,  hogs, 
and  the  carcasses  and  products  thereof  which  are  the  subjects  of  in- 
terstate commerce,  approved  March  third,  eighteen  hundred  and 
ninety-one,  and  of  amendment  thereto  approved  iNfarch  second,  eight- 
een hundred  and  ninety-five,  which  are  applicable  to  the  subjects 
and  purposes  described  in  this  section  shall  :ij)ply  to  process  or  reno- 
vated butter.  And  the  Secretary  of  Agricultiire  is  hereby  authorized 
and  required  to  cause  a  rigid  sanitary  ins|K'cli<)n  to  be  made,  at  such 
times  as  he  may  deem  proper  or  necessary,  of  all  factories  and  store- 
houses where  process  or  renovated  butter  is  manufactured,  packed, 
or  prepared  for  market,  and  of  the  products  thereof  and  materials 
going  into  the  manufacture  of  the  same.  All  process  or  renovated 
butter  and  the  packages  containing  the  same  shall  be  maikod  with 
the  words  "  Renovated  Butter  "  or  "  Process  Butter  "  and  by  such 
other  marks,  labels,  or  brands  and  in  .such  manner  as  may  be  pre- 
scribed by  the  Secretary  of.  Agriculture,  and  no  process  or  renovated 


60  LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

butter  shall  be  shipped  or  transported  from  its  place  of  manufacture 
into  any  other  State  or  Territory  or  the  District  of  Columbia,  or 
to  any  foreign  country,  until  it  has  been  marked  as  provided  in  this 
section.  The  Secretary  of  Agriculture  shall  make  all  needful  regu- 
lations for  carrying  this  section  into  etfect,  and  shall  cause  to  be 
ascertained  and  reported  from  time  to  time  the  quantity  and  quality 
of  process  or  renovated  butter  manufactured,  and  the  character  and  the 
condition  of  the  material  from  which  it  is  made.  And  he  shall  also 
have  power  to  ascertain  whetlier  or  not  materials  used  in  the  manu- 
facture of  said  process  or  renovated  butter  are  deleterious  to  health 
or  unwholesome  in  the  finished  product,  and  in  case  such  deleterious 
or  unwholesome  nuiterials  are  found  to  be  used  in  product  intended  for 
exportation  or  shipment  into  other  States  or  in  course  of  exportation 
or  shipnient  he  shall  have  power  to  confiscate  the  same.  Any  person, 
firm,  or  corporation  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars  or  by  imprisonment  not  less  than  one  month 
nor  more  than  six  months,  or  by  both  said  punishments,  in  the  discre- 
tion of  the  court. 

Act  May  9,  1902,  c.  7S4,  s.  5,  32  SUit.  19G. 

The  parts  of  act  Anjiiist  30.  1890,  c.  839,  providing  for  an  inspection 
of  meats  for  exportation,  mentione<l  above,  are  set  forth  on  p.  53,  ante, 
and  act  March  3,  1891,  c.  555,  as  amended  by  act  March  2,  1895,  c.  169, 
also  mentioned  above,  is  set  forth  on  p.  55,  ante. 

Annual  appropriations  for  carrying  out  the  provisions  of  this  section  are 
made  in  the  agricultural  appropriation  acts  for  the  fiscal  year  1910  and 
subsequent  fiscal  years.  The  appropriation  in  the  act  for  the  fiscal  year 
1913  is  set  forth  on  p.  72,  post. 

Time  of  taking  effect  of  act. 

Sec.  7.  This  Act  shall  take  effect  on  the  first  day  of  July,  nineteen 
hundred  and  two. 

Act  May  9,  1902,  c.  784.  s.  7,  32  Stat.  197. 

Sections  1-4  and  6  of  this  act,  here  omitted,  relate  to  the  exercise  of 
police  powers  of  States,  etc.,  over  oleomiirgarine,  bulterine,  imitation, 
process,  renovated,  or  adulterated  butter,  or  imitation  cheese,  etc.,  trans- 
ported into  the  State,  etc.:  the  imposition  of  taxes  on  oleomargarine, 
process,  renovated,  or  adulterated  butter;  and  inspection  of  dealers' books. 

A  provision  of  act  May  23,  190S.  c.  192,  set  forth  above,  makes  act 
March  3.  1891,  c.  555,  as  amended  by  act  March  2,  1895,  c.  169,  to  include 
dairy  products  intendel  for  exportation. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 
Sanitary  inspection  of  renovated  butter  factories. 

■'■"■  *  *  That  the  sanitaj-y  provisions  for  slaughtering,  meat 
canning,  or  similar  establishments,  as  set  forth  in  the  Act  of  June 
thirtieth,  nineteen  hundred  and  six  (Thirty -fourth  Statutes,  page  six 
huudretl  and  seventy-six),  are  hereby  extended  to  cover  renovated 
butter  factories  as  defined  in  the  Act  of  May  ninth,  nineteen  hundred 
and  two  (Thirty-second  Statutes,  page  one  hundred  and  ninety-.six). 
under  such  regulations  as  the  Secretary  of  Agriculture  may  prescribe. 

Act  August  10,  1912,  c.  284,  37  Stat.  273. 

This  is  a  i)roviso  annexetl  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1913,  cite<l  above.  The  sanitary  provisions  for  slaughtering, 
etc..  establishments,  in  act  June  30.  1906.  c.  3013,  34  Stat.  676,  men- 
tioned in  this  provision,  are  repeated  and  re-enacted  in  iiermancnl  form 
in  act  March  4,  1907,  c.  2P07.  its  set  forth  below,  and  act  May  0,  1902. 
c.  784.  s.  5.  also  mentioned,  is  set  forth  above. 


I 


BUREAU  OF  ANIMAL  INDUSTRY.  61 

ACT  MARCH  4.  1907,  c.  2907.     (34  Stat.  1256.) 

Inspection  of  meat  and  meat  food  products  for  use  in  interstate  or  foreign  com- 
merce; examination  of  cattle,  etc.,  before  slaughtering;  diseased  animals  to 
be  slaughtered  separately  and  their  carcasses  examined. 

For  meat  inspection :  That,  hereafter,  for  the  purpose  of  preventing 
the  u.se  in  interstate  or  foreign  commerce,  as  hereinafter  provided, 
of  meat  and  meat  food  i)rothicts  which  are  unsound,  unhcidihful.  un- 
wholesome, or  otherwi'-'e  unfit  for  human  food,  the  Secretary  of  A"-ri- 
culture,  at  his  discretion,  may  cause  to  be  made,  by  inspectors  *ap- 
pointed  for  that  purpose,  an  examination  and  in.spection  of  all  cattle, 
sheep,  swine,  and  goats  before  they  shall  be  allowed  to  enter  into  any 
slaughtering,  packing,  meat-canning,  rendering,  or  similar  establish'- 
ment.  in  which  they  are  to  be  slaughtered  and  the  meat  and  meat  food 
products  thereof  are  to  be  used  in  interstate  or  foreign  coinmerc<»;  and 
all  cattle,  .swine,  sheep,  and  goats  found  on  such  inspection  to  show 
symptoms  of  disease  shall  be  set  apart  and  slaughtered  separately 
from  all  other  cattle,  sheep,  swine,  or  goats,  and  when  so  slaughtered 
the  carcasses  of  said  cattle,  .sheep,  swine,  or  goats  shall  be  subject  to 
a  cnreful  examination  and  inspection,  all  as  provided  by  the  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  Agriculture,  as  herein 
provided  for. 

Post-mortem  examination  of  carcasses,  etc.,  of  cattle,  etc.,  at  slaughtering, 
packing,  etc.,  establishments,  and  marking,  etc.,  thereof;  destruction  of  car- 
casses, etc.,  condemned;   reinspection. 

That  for  the  purposes  hereinbefore  set  forth  the  Secretary  of  Agri- 
culture shall  cause  to  be  made  by  inspectors  appointed  for  tliat  pur- 
pose, as  hereinafter  provided,  a  post-mortem  examination  and  inspec- 
tion of  the  carcasses  and  parts  thereof  of  all  cattle,  sheep,  swine,  and 
goats  to  be  prepared  for  human  consumption  at  any  sla\ightering, 
meat-canning,  salting,  packiftg,  rendering,  or  similar  establishment 
in  any  State,  Territory,  or  the  District  of  Columbia  for  transportation 
or  sale  as  articles  of  interstate  or  foreigri  commerce;  and  the  carcasses 
and  parts  thereof  of  all  such  animals  found  K)  be  sound,  healthful, 
wholesome,  and  fit  for  human  food  shall  be  marked,  stamped,  tagged, 
or  labeled  as  "  Inspected  and  passed;  ''  and  said  inspectors  shall  label, 
mark,  stamp,  or  tag  as  "  Inspected  and  condemned  "  all  carcasses  and 
parts  thereof  of  animals  found  to  be  un.sound.  unhealthful.  unAvhole- 
some.  or  otherwise  unfit  for  human  food;  and  all  carcasses  and  parts 
thereof  thus  inspected  and  condemned  shall  be  destroyed  for  food 
purposes  by  the  said  establishment  in  the  presence  of  an  inspector,  and 
the  Secretary  of  Agriculture  may  remove  inspectors  from  any  such 
establishment  which  fails  to  .so  destroy  any  such  condemned  csircass 
or  part  thereof,  and  said  inspectors,  after  said  first  inspection,  shall, 
when  they  deem  it  necessary,  reinspect  said  carcasses  or  parts  thereof 
to  determine  whether  since  the  first  inspection  the  same  have  become 
unsound,  unhealthful,  unwholesome,  or  in  any  way  unfit  for  hunian 
food,  and  if  any  carcass  or  any  part  thereof  shall,  upon  examination 
and  inspection  subsequent  to  the  first  examination  and  insi^ection.  be 
found  to  be  unsound,  unhealthful,  unwholesome,  or  otherwise  unfit 
for  human  food,  it  shall  be  destroyed  for  food  purposes  by  the  said 
establishment  in  the  presence  of  an  inspector,  and  the  Secretary  ()f 
Agriculture  may  remove  inspectors  from  any  establishment  which 
fails  to  so  destroy  any  such  condemned  carcass  or  part  thereof. 


62  LAWS   APPLICABLE    TO    DEPARTMENT    OF   AGRICULTURE. 

Examination  of  carcasses  brought  into  slaughtering,  packing,  etc.,  establish- 
ments, and  of  meat  food  products  issued  from  and  returned  to  such  estab- 
lishments. 

The  foie^oin*:-  provisions  shall  apply  to  all  carcasses  or  parts  of 
carcasses  of  cattle,  sheep,  swine,  and  goats,  or  the  meat  or  meat  prod- 
ucts thereof  which  may  be  brought  into  any  slaughtering,  meat-can- 
ning, salting,  packing,  rendering,  or  similar  establishment,  and  such 
examination  and  inspection  shall  be  had  before  the  said  carcasses  or 
parts  thereof  shall  be  allowed  to  enter  into  any  department  wherein 
the  same  are  to  be  treated  and  prepared  for  meat  food  products;  and 
the  foregoing  provisions  shall  also  apply  to  all  such  products  which, 
after  having  been  issued  from  any  slaughtering,  meat-canning,  salt- 
ing, i^acking,  rendering,  or  similar  establishment,  shall  be  returned  to 
the  same  or  to  any  similar  establishment  where  such  inspection  is 
maintained. 

Inspectors  of  meat  food  products;  appointment  and  authority;  marks,  etc.,  of 
inspection  of  such  products;  meat  food  products  for  export. 

That  for  the  purposes  hereinbefore  set  forth  the  Secretary  of  Agri- 
culture shall  cause  to  be  made,  by  inspectors  appointed  for  that  pur- 
pose, an  examination  and  inspection  of  all  meat  food  products  pre- 
pared for  interstate  or  foreign  commerce  in  any  slaughtering,  moat- 
canning,  salting,  packing,  rendering,  or  similar  establishment,  and 
for  the  purposes  of  any  examination  and  inspection  said  inspectors 
shall  have  access  at  all  times,  by  day  or  night,  whether  the  establish- 
ment be  operated  or  not,  to  eveiy  part  of  said  establishment;  and 
said  inspectors  shall  mark,  stamp,  tag,  or  label  as  "  Inspected  and 
passed  "  all  such  products  found  to  be  sound,  healthful,  and  whole- 
some, and  which  contain  no  dyes,  chemicals,  presen^atives,  or  ingredi- 
ents which  render  such  meat,  or  meat  food  products  unsound,  un- 
healthful,  unwholesome,  or  unfit  for  human  food;  and  said  inspectors 
shall  label,  mark,  stamp,  or  tag  as  "  Inspected  and  condemned  "  all 
such  products  found  unsound,  unhealthful,  and  unwholesome,  or 
which  contain  dyes,  chemicals,  preservatives,  or  ingredients  which 
render  such  meat  or  meat  food  products  unsound,  unhealthful.  un- 
wholesome, or  unfit  for  human  food,  and  all  such  condemned  meat 
food  products  shall  be  destroyed  for  food  purposes,  as  hereinbefore 
provided,  and  the  Secretary  of  Agriculture  may  remove  inspectors 
from  any  establishment  which  fails  to  so  destroy  such  condemned 
meat  food  products:  Provided^  That  subject  to  the  rules  and  regula- 
tions of  the  Secretary  of  Agriculture  the  provisions  hereof  in  regard 
to  preservatives  .shall  not  apply  to  meat  food  products  for  export  to 
any  foreign  country  and  which  are  prepared  or  packed  according  to 
the  specifications  or  directions  of  the  foreign  purchaser,  when  no  sub- 
.stance  is  used  in  the  preparation  or  ])acking  thereof  in  conflict  with 
the  laws  of  the  foreign  country  to  which  said  article  is  to  be  exported; 
but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic 
use  or  consumption  then  this  proviso  shall  not  exempt  said  article 
from  the  oi)ei-ation  of  all  the  otlier  provisions  of  this  Act. 

Labeling  receptacles  or  coverings  of  meat  food  products  inspected  and  passed; 
supervision  by  inspectors;  sale  under  false  names  forbidden;  trade  names 
permitted. 

'J'hat  when  any  meat  or  meat  food  product  jirepared  for  interstate 
or  foreign  commerce  which  has  been  inspected  as  hereinbefore  pro- 


BUREAU   OF   ANIMAL   INDUSTRY.  63 

yided  and  marked  ''  Inspected  and  passed  "  shall  be  placed  or  packed 
in  any  can,  pot,  tin,  canvas,  or  other  receptacle  or  coverin"-  in  any 
establishment  where  inspection  under  the  provisions  of  thfs  Act  is 
maintained,  the  person,  firm,  or  corporation  preparinjr  said  prodiict 
shiill  cause  a  label  to  be  attached  to  snid  can,  pot,  tin,  canvas,  or  other 
receptacle  or  covering,  under  the  supervision  of  an  inspector,  which 
label  shall  state  that  the  contentss  thereof  have  been  '*  inspected  and 
pas'^ed ''  under  the  provisions  of  this  Act;  and  no  inspection  and 
examination  of  meat  or  meat  food  products  deposited  or  inclosed  in 
cans,  tins,  pots,  canvas,  or  other  receptacle  or  covering  in  any  estab- 
lishment where  inspection  under  the  provisions  of  this  Act  is  main- 
tained shall  be  deemed  to  be  complete  until  such  meat  or  meat  food 
•products  have  been  sealed  or  inclosed  in  said  can,  tin,  pot,  canvas, 
or  other  receptacle  or  covering  under  the  sui)ervision  of  an  inspector, 
and  no  sucli  meat  or  meat  food  products  shall  be  sold  or  offered  for 
sale  by  any  person,  firm,  or  corporation  in  interstate  or  foreign  com- 
merce under  any  false  or  deceptive  name;  but  established  trade  name 
or  nnme?  which  are  usual  to  such  products  and  which  are  not  false 
and  deceptive  and  which  shall  be  approved  by  the  Secretary  of  Agri- 
culture are  permitted. 

Sanitary  inspection  and  regulation  of  slaughtering,  packing,  etc.,  establish- 
ments; rejection  of  meat  or  meat  food  products  from  insanitary  condi- 
tions. 

The  Secretary  of  Agriculture  shall  cause  to  be  made,  by  experts 
in  sanitation  or  by  other  competent  inspectors,  such  inspectio*n  of  all 
slaughtering,  meat  canning,  salting,  packing,  rendering,  or  similar 
establishments  in  which  cattle,  sheep,  swine,  and  goats  are  slaughtered 
and  the  meat  and  meat  food  products  thereof  are  prepared  for  inter- 
state or  foreign  commerce  as  ma}^  be  necessary  to  inform  himself 
concerning  the  sanitary  conditions  of  the  same,  and  to  prescribe  the 
rules  and  regulations  of  sanitation  under  which  such  establishments 
shall  be  maintained;  and  where  the  sanitary  conditions  of  any  such 
establishment  are  such  that  the  meat  or  meat  food  products  are 
rendered  unclean,  unsound,  unhealthful,  unwholesome,  or  otherwise 
unfit  for  human  food,  he  shall  refuse  to  allow  said  meat  or  meat  food 
products  to  be  labeled,  marked,  stamped,  or  tagged  as  "  inspected  and 
passed." 

Examination  of  cattle,  etc..  and  food  products  thereof,  slaughtered  and  pre- 
pared during  nighttime. 

That  the  Secretary  of  Agriculture  shall  cause  an  examination 
and  inspection  of  all  cattle,  sheep,  swine,  and  goats,  and  the  food 
products  thereof,  slaughtered  and  prepared  in  the  establishments 
hereinbefore  described  for  the  purposes  of  interstate  or  foreign  com- 
merce to  be  made  during  the  nighttime  as  well  as  during  the  daytime 
when  the  slaughterinff  of  said  cattle,  .sheep,  swine,  and  goats,  or  the 
preparation  of  said  food  products  is  conducted  during  the  nighttime. 

Transportation  in  interstate  or  foreign  commerce  of  carcasses,  etc.,  meat,  ol 
meat  food  products  not  inspected,  etc.,  and  marked  in  accordance  with  act 

That  on  and  after  October  first,  nineteen  hundred  and  six,  no 
person,  firm,  or  corporation  shall  transport  or  offer  for  transporta- 
tion, and  no  carrier  of  interstate  or  foreign  commerce  shall  transport 
or  receive  for  transportation  from  one  State  or  Territoiy  or  the  Dis- 


64  LAWS   APPLICABLE   TO  DEPARTMENT   OF   AGRICULTURE. 

trict  of  Columbia  to  anj^  other  State  or  Territory  or  the  District  of 
Columbia,  or  to  any  place  under  the  jurisdiction  of  the  United  States, 
or  to  any  foreign  country,  any  carcasses  or  parts  thereof,  meat,  or 
meat  food  products  thereof  which,  have  not  been  inspected,  examined, 
and  marked  as  "  Inspected  and  passed,"  in  accordance  with  the  terms 
of  this  Act  and  with  the  rules  and  regulations  prescribed  by  the 
Secretary  of  Agriculture:  Provided^  That  all  meat  and  meat  food 
products  on  hand  on  October  first,  nineteen  hundred  and  six,  at  estab- 
lishments where  inspection  has  not  been  maintained  or  which  have 
been  inspected  under  existing  law,  -shall  be  examined  and  labeled 
under  such  rules  and  regulations  as  the  Secretary  of  Agriculture 
shall  prescribe,  and  then  shall  be  allowed  to  be  sold  in  interstate  or 
foreign  commerce. 

Forgery,  alteration,  unauthorized  use,  etc.,  of  marks,  etc.,  labels,  or  other  iden- 
tification devices  provided  for,  or  certificates,  etc.,  forbidden. 

That  no  person,  firm,  or  corporation,  or  officer,  agent,  or  employee 
thereof,  shall  forge,  counterfeit,  simulate,  or  falsely  represent,  or 
shall  without  proper  authority  use,  fail  to  use,  or  detach,  or  shall 
knowingly  or  wrongfully  alter,  deface,  or  destroy,  or  fail  to  deface 
or  destroy,  any  of  the  marks,  stamps,  tags,  labels,  or  other  identifi- 
cation devices  provided  for  in  tliis  Act,  or  in  and  as  directed  by  the 
rules  and  regulations  prescribed  hereunder  by  the  Secretary  of 
Agi-iculture,  on  any  carcasses,  parts  of  carcasses,  or  the  food  product, 
or  containers  thereof,  subject  to  the  provisions  of  this  Act,  or  any 
certificate  in  relation  thereto,  authorized  or  required  by  this  xVct  or 
by  the  said  rules  and  regulations  of  the  Secretary  of  Agriculture. 

Inspection  of  cattle  etc.,  for  export. 

That  the  Secretary  of  Agriculture  shall  cause  to  be  made  a  careful 
inspection  of  all  cattle,  sheep,  swine,  and  goats  intended  and  offered 
for  export  to  foreign  countries  at  such  times  and  places,  and  in  such 
manner  as  he  may  deem  proper,  to  ascertain  whether  such  cattle, 
sheep,  swine,  and  goats  are  free  from  disease. 

Inspectors  of  cattle,  etc.,  for  export;  certificates  of  condition  of  cattle,  etc. 

And  for  this  purpose  he  may  appoint  inspectors  who  shall  be 
authorized  to  give  an  official  certificate  clearly  stating  the  condition 
in  which  such  cattle,  sheep,  swine,  and  goats  are  found. 

No  clearance   to   vessel   having   on    board   cattle,   etc.,   for  export   without   in- 
spector's certificate;   waiver  or  requirement  of  certificate. 

And  no  clearance  shall  be  given  to  an)'  vessel  having  on  board 
cattle,  sheep,  swine,  or  goats  tor  export  to  a  foreign  country  until 
the  owner  or  shipper  of  sucli  cattle,  sheep,  swine,  or  goats  has  a  cer- 
tificate from  the  inspector  herein  authorized  to  be  appointed,  stating 
that  the  said  cattle,  sheei3,  swine,  or  goats  are  sound  and  healthy,  or 
unless  the  Secretary  of  Agriculture  shall  have  waived  the  require- 
ment of  such  certificate  for  export  to  the  particular  country  to  which 
such  cattle,  sheep,  swine,  or  goats  are  to  be  exported. 

Inspection    of   carcasses,   etc.,    of   cattle,    etc.,   meat   of   which   is   intended   for 
export. 

That  the  Secretary  of  Agriculture  shall  also  cause  to  be  made  a 
careful  inspection  of  the  carcasses  and  parts  thereof  of  all  cattle, 
sheep,  swine,  and  goats,  the  meat  of  which,  fresh,  salted,  canned, 


BUREAU   OF   ANIMAL  INDUSTRY.  65 

corned,  packed,  cured,  or  otherwise  prepared,  is  intended  and  offered 
for  export  to  any  forein:n  country,  at  such  times  and  i)laccs  and  in 
sucli  manner  as  he  may  deem  proper. 

Inspectors  of  carcasses,  etc.,  of  cattle,  etc.,  meat  of  which  Is  intended  for  export- 
certificates  of  condition  of  cattle,  etc.,  and  meat  thereof,  ' 

And  for  this  purpose  he  may  appoint  inspectors  who  shall  be 
authorized  to  give  an  official  certificate  stating  the  condition  in  which 
said  cattle,  sheep,  swine,  or  goats,  and  the  meat  thereof,  are  found. 

No  clearance  to  vessel  having  on  board  meat,  etc.,  for  export  without  inspector's 
certificate;  waiver  of  requirement  of  certificate. 

And  no  clearance  ?hall  be  gi^'en  to  any  vessel  having  on  board  any 
fresh,  salted,  canned,  corned,  or  packed"  beef,  mutton,  pork,  or  goat 
meat,  being  the  meat  of  animals  killed  after  the  passage  of  this  Act, 
or  except  as  hereinbefore  provided  for  export  to  and  sale  in  a  foreign 
country  from  any  port  in  the  United  States,  until  the  owner  or 
shipper  thereof  shall  obtain  from  an  inspector  appointed  under  the 
provisions  of  this  Act  a  certificate  that  the  said  cattle,  sheep,  swine, 
and  goats  were  sound  and  healthy  at  the  time  of  inspection,  and  that 
their  meat  is  sound  and  wholesome,  unless  the  Secretary  of  Agi-i- 
culturc  shall  have  waived  the  requirements  of  such  certificate  for  the 
country  to  which  said  cattle,  sheep,  swune,  and  goats  or  meats  are  to 
be  exported. 

Delivery  of  inspectors'  certificates,  and  of  copies  thereof. 

That  the  inspectors  provided  for  herein  shall  be  authorized  to  give 
official  certificates  of  the  sound  and  wholesome  condition  of  the  cattle, 
sheep,  swine,  and  goats,  their  carcasses  and  products  as  herein  de- 
scribed; and  one  copy  of  every  certificate  granted  under  the  provi- 
sions of  this  Act  shall  be  filed  in  the  Department  of  Agriculture, 
another  copy  shall  be  delivered  to  the  owner  or  shipper,  and  when 
the  cattle,  sheep,  swine,  and  goats  or  their  carcasses  and  products  are 
sent  abroad,  a  third  copy  shall  be  delivered  to  the  chief  officer  of 
the  vessel  on  which  the  shipment  shall  be  made. 

Transportation  or  sale,  etc.,  of  meat  or  meat  food  products  in  interstate  com- 
merce, without  complying  with  pi'ovisions  of  act,  forbidden. 

That  no  person,  firm,  or  corporation  engaged  in  the  interstate 
commerce  of  meat  or  meat  food  products  shall  transport  or  offer 
for  transportation,  sell  or  offer  to  sell  any  such  meat  or  meat  food 
products  in  any  State  or  Territory  or  in'  the  District  of  Columbia 
or  any  place  under  the  jurisdiction  of  the  United  States,  other  than 
in  the  State  or  Territory  or  in  the  District  of  Columbia  or  any  place 
under  the  jurisdiction  of  the  United  States  in  which  the  slaughtering, 
packing,  canning,  rendering,  or  other  similar  establishment  owned, 
leased,  or  operated  by  said  firm,  person,  or  corporation  is  located 
unless  and  until  said"  person,  firm,  or  corporation  shall  have  com- 
plied with  all  of  the  provisions  of  this  Act. 
Violation  of  provisions  of  act;  penalty. 

That  any  person,  firm,  or  corporation,  or  any  officer  or  agent  of 
anv  such  per.son,  firm,  or  corporation,  who  shall  violate  any  of  the 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  puni.shed  on  conviction  thereof  by  a  fine  of  not  exceeding  ten 
thousand  dollars  or  imprisonment  for  a  period  of  not  more  than 
71657—13 5 


66  LAWS  APPLICABLE    TO   DEPARTMENT   OF   AGEICULTUEE. 

two  years,  or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

Appointment  and  duties  of  inspectors;   regulations  for  execution  of  provisions 
of  act. 

That  the  Secretary  of  Agriculture  shall  appoint  from  time  to  time 
inspectors  to  make  examination  and  inspection  of  all  cattle,  sheep, 
swine,  and  goats,  the  inspection  of  which  is  hereby  provided  for,  and 
of  all  carcasses  and  parts  thereof,  and  of  all  meats  and  meat  food 
products  thereof,  and  of  the  sanitary  conditions  of  all  establishments 
in  which  such  meat  and  meat  food  products  hereinbefore  described 
are  prepared;  and  said  inspectors  shall  refuse  to  stamp,  mark,  tag. 
or  label  any  carcass  or  any  part  thereof,  or  meat  food  product 
therefrom,  prepared  in  any  establishment  hereinbefore  mentioned, 
until  the  same  shall  have  actually  been  inspected  and  found  to  be 
sound,  healthful,  wholesome,  and  fit  for  human  food,  and  to  contain 
no  dyes,  chemicals,  preservatives,  or  ingredients  which  render  such 
meat  food  product  unsound,  unhealthful,  unwholesome,  or  unfit  for 
human  food ;  and  to  have  been  prepared  under  proper  sanitary  con- 
ditions, hereinbefore  provided  for;  and  shall  perform  such  other 
duties  as  are  provided  by  this  Act  and  by  the  rules  and  regulations 
to  be  prescribed  by  said  Secretary  of  Agriculture;  and  said  Secretary 
of  Agriculture  shall,  from  time  to  time,  make  such  rules  and  regu- 
lations as  are  necessary  for  the  efficient  execution  of  the  provisions 
of  this  Act,  and  all  inspections  and  examinations  made  under  this 
Act  shall  be  such  and  made  in  such  manner  as  described  in  the  rules 
and  regulations  prescribed  by  said  Secretary  of  Agriculture  not  in- 
consistent with  the  provisions  of  this  Act. 

Bribery  of  or  gifts,  etc.,  to  inspectors  or  other  officers,  etc.,  under  this  act,  and 
acceptance  of  gifts,  etc.,  by  such  inspectors  or  other  officers,  etc.,  punish- 
able;   penalties. 

That  any  person,  firm,  or  corporation,  or  any  agent  or  employee 
of  any  per.son.  firm,  or  corporation  who  shall  give,  pay,  or  offer, 
directly  or  indirectly,  to  any  inspector,  deputy  inspector,  chief  in- 
spector, or  any  other  officer  or  employee  of  the  United  States  author- 
ized to  perform  any  of  the  duties  prescribed  by  this  Act  or  by  the 
rules  and  reguhitions  of  the  Secretary  of  Agriculture  any  money  or 
other  thing  of  value,  with  intent  to  influence  said  inspector,  dejouty 
inspector,  chief  inspector,  or  other  officer  or  employee  of  the  United 
States  in  the  discharge  of  any  duty  herein  provided  for,  shall  be 
deemed  guilty  of  a  felony  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  not  less  than  five  thousand  dollars  nor  more 
than  ton  thousand  dollars  and  by  imprisonment  not  less  than  one  year 
nor  more  than  three  years;  and  any  inspector,  deputy  inspector,  chief 
inspector,  or  other  officer  or  euiployee  of  the  United  States  authorized 
to  perform  anv  of  the  duties  prescribed  by  this  Act  who  shall  accept 
any  money,  gift,  or  other  thing  of  value  from  any  person,  firm,  or 
corporation,  or  officers,  agents,  or  emplo^'ees  thereof,  given  with 
intent  to  influence  his  official  action,  or  who  shall  receive  or  accept 
from  any  person,  firm,  or  corporation  engaged  in  interstate  or  for- 
eign coinmerce  any  gift,  money,  or  other  thing  of  value  given  with 
any  purpose  or  intent  whatsoever,  shall  be  deemed  guilty  of  a  felony 
and  shall,  upon  conviction  thereof,  be  summarily  discharged  from 
ofiice  and  shall  be  punished  by  a  fine  not  less  than  one  thousand  dol- 


BUREAU   OF   ANIMAL  INDUSTRY.  G7 

lars  nor  more  than  ten  thousand  doHars  and  by  imprisonment  not 
Jess  than  one  year  nor  more  than  three  years. 

Provisions  requiring  inspection  not  to  apply  to  farmers,  retailers,  etc.;  sale  or 
transportation  in  interstate  or  foreign  commerce  of  meat  or  meat  food 
products  unfit  for  food,  punishable;  penalty;  maintenance  of  inspection 
as  to  retailers,  farmers,  etc.,  authorized,  notwithstanding  exception. 

That  the  provisions  of  this  Act  requirin^jx  in.spection  to  be  made 
by  the  Secretary  of  Agriculture  shall  not  apply  to  animals  slaugh- 
tered by  any  farmer  on  the  farm  and  sold  and 'transported  as  inter- 
state or  foreign  commerce,  nor  to  re'lail  butchers  and  retail  dealers 
in  meat  and  meat  food  products,  supplying  their  customers:  Provided^ 
That  if  any  person  shall  sell  or  otler  for  sale  or  transportation  for 
interstate  or  foreign  commerce  any  meat  or  meat  food  products  which 
are  diseased,  unsound,  unhealthful,  un^Yholesome,  or  otherwi.se  unfit 
for  human  food,  knowing  that  such  meat  food  products  are  intended 
for  human  consumption,  he  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars  or  by  imprisonment  for  a  period  of  not  exceeding  one 
year,  or  by  both  such  fine  and  imprisonment:  Provided  also^  That 
the  Secretary  of  Agriculture  is  authorized  to  maintain  the  inspection 
in  this  Act  provided  for  at  any  slaughtering,  meat-canning,  salting, 
packing,  rendering,  or  similar  establishment  notwithstanding  this 
exception,  and  that  the  persons  operating  the  same  may  be  retail 
butchers  and  retail  dealers  or  farmers;  and  where  the  Secretary  of 
Agriculture  shall  establish  such  inspection  then  the  provisions  of  this 
Act  shall  apply  notwithstanding  this  exception. 

Statement   in   anntial  estimates   as   to  persons   employed  in   inspections,  their 
compensation  and  expenses. 

And  the  Secretary  of  Agriculture  shall,  in  his  annual  estimates 
made  to  Congress,  submit  a  statement  in  detail,  showing  the  number 
of  persons  employed  in  such  inspections  and  the  salary  or  per 
diem  paid  to  each,  together  Avith  the  contingent  expenses  of  such 
inspectors  and  where  they  have  been  and  are  employed. 

Act  March  4,  1907,  c.  2907,  34  Stat.  12G0. 

By  a  provision  of  act  May  26,  1910,  c.  25G,  set  forth  on  p.  IS,  ante, 
the  Secretary  of  Agriculture  is  required  to  transmit  in  the  Hook  of  Esti- 
mates detailed  estimates  for  all  otHcers.  clerks,  and  employees,  with  their 
compensation,  employed  in  the  bureaus,  offices,  and  divisions  of  the 
department.  A  provision  of  act  August  10,  1912,  c.  2G9.  set  forth  on  p. 
18,  ante,  provides  that  said  provision  of  act  May  20,  1910,  shall  not  apply 
to  employees  in  the  meat-inspection  service. 

The  above  provisions  accompany  appropriations  for  "  General  Expenses. 
Bureau  of  Animal  Industry,"  in  the  agricultural  appropriation  act  for  the 
fiscal  year  1908,  cited  above.  They  were  originally  enacted  in  the  sjime 
language,  except  the  word  "hereafter"  at  the  beginning  of  the  first  para- 
graph as  set  forth  here,  in  the  simil.ir  appropriation  act  for  the  preced- 
ing fiscal  year,  act  June  30.  190G.  c.  3913.  .34  Stat.  G74. 

A  permanent  appropriation  of  .$3,0(X),000,  for  the  expenses  of  the  in- 
spection provided  for  and  to  carry  into  efl'ect  the  provisions  of  the  act 
relating  to  meat  inspection,  also  made  by  said  act  June  30,  190G,  c.  3J13, 
is  set  forth  below. 

Previous  provisions  for  the  ins[x>etion  of  saltetl  i>ork  and  bacon  for  ex- 
portation, certificates,  identification  marks,  etc..  are  contained  in  net 
August  30.  1S90,  c.  839,  s.  1,  2G  Stat,  414,  set  forth  on  p.  o.i,  ante;  and 
for  the  insi>ection  of  live  cattle  intended  for  export  and  of  live  cattle 
whose  meat  is  intondod  for  export  or  interstate  commerce,  post-mortem 
inspections  of  cattle,  etc..  inspectors,  certificates,  identification  marks,  etc.. 
and  prohibiting  interstate  tr=n.s,xnlation  of  unsound  carcasses,  etc.,  or 


68  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTUEE. 

food  products  thereof,   are  contained  in  act  Marcli  3,  1891,  c.  555,  as 
amended  by  act  March  3,  1895,  c.  169,  set  forth  on  p.  55,  ante. 

The  sanitary  provisions  for  slaughtering,  etc.,  establishments,  in  act 
June  30,  1906,  c.  3713,  as  repeated  and  re-enacted  in  ]>ermanent  form  in 
this  act,  are,  by  a  proviso  of  the  agricultural  appropriation  act  for  the 
fiscal  year  1913.  act  August  10,  1912.  e.  284,  set  forth  on  p.  60,  ante,  ex- 
tended to  cover  renovated-butter  factories  as  defined  in  act  May  9,  1902, 
c.  784,  s.  5,  set  forth  on  p.  59,  ante. 

ACT   JUNE   30,    1906,    c.   3913.     (34   Stat.   669.) 

Permanent  appropriation  for  expenses  of  inspection  of  cattle,  etc.,  and  meat  and 
meat  food  products  thereof  in  interstate  or  foreign  commerce,  and  for  car- 
rying into  effect  provisions  relating  to  meat  inspection. 

That  there  is  permanently  appropriated,  out  of  any  money  in  the 
Treasury  not  other"\vise  api^ropriated,  the  sum  of  three  million  dollars, 
for  the.  expenses  of  the  inspection  of  cattle,  sheep,  swine,  and  goats 
and  the  meat  and  meat  food  products  thereof  which  enter  into  inter- 
state or  foreign  commerce  and  for  all  expenses  necessary  to  carry  into 
effect  the  provisions  of  this  Act  relating  to  meat  inspection,  including 
rent  and  the  employment  of  labor  in  Washington  and  elsewhere,  for 
each  year. 

Act  June  30,  1900,  c.  3913,  34  Stat.  679. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1907,  cited  above.  It  follows  other  provisions  of  that  act  relating 
to  meat  inspection,  which  are  mentioned  in  this  provision.  Those  pro- 
visions are  repeated  in  the  same  language  and  re-enacted  in  permanent 
form  in  act  March  4,  1907,  c.  2907,  set  forth  above. 

ACT  JUNE  29,  1906,  c.  3594.  An  act  to  prevent  cruelty  to  animals  while  in 
transit  by  railroad  or  other  means  of  transportation  from  one  State  or 
Territory  or  the  District  of  Columbia  into  or  through  another  State  or 
Terrltorj'  or  the  District  of  Columbia,  and  repealing  sections  forty-three 
hundred  and  eighty-six.  forty-three  hundred  and  eighty-seven,  forty-three 
hundred  and  eighty-eight,  forty-three  hundred  and  eighty-nine,  and  forty- 
three  hundred  and  ninety  of  the  United  States  Revised  Statutes.  (34 
Stat.  607.) 

Transportation  of  animals;  limitation  of  time  of  confinement  in  cars,  boats, 
or  vessels;  unloading  for  rest,  water,  and  feeding;  extension  of  time  of 
confinement  on  reqiTest  of  owner,  etc.;  estimation  of  time  of  confinement; 
sheep  not  required  to  be  unloaded  in  nighttime. 

That  no  railroad,  express  company,  car  company,  conimon  carrier 
other  than  by  water,  or  the  receiver,  trustee,  or  lessee  of  any  of  them, 
whose  road  forms  any  part  of  a  line  of  road  over  which  cattle,  sheep, 
swine,  or  other  animals  shall  be  conveyed  from  one  State  or  Territory 
or  the  District  of  Columbia  into  or  through  another  State  or  Terri- 
tory  or  the  District  of  Columbia,  or  the  owners  or  masters  of  steam, 
sailing,  or  other  vessels  carrying  or  transporting  cattle,  sheep,  swine, 
or  other  animals  from  one  State  or  Territory  or  the  District  of  Co- 
lumbia into  or  through  another  State  or  Territory'  or  the  District  of 
Columbia,  shall  confine  the  same  in  cars,  boats,  or  vessels  of  any  de- 
scnption  for  a  period  longer  than  twenty-eight  consecutive  hours 
without  unloading  the  same  in  a  humane  manner,  into  properly 
equipped  pens  for  rest,  water,  and  feeding,  for  a  period  of  at  least 
five  consecutive  hours,  unless  ])reventcd  by  storm  or  by  other  acci- 
dental or  unavoidable  causes  wliich  can  not  be  anticipated  or  avoided 
by  the  exercise  of  due  diligence  and  foresight :  Provided.,  That  upon 
the  written  request  of  the  owner  or  person  in  custod}'  of  that  par- 
ticular shipment,  which  written  request  shall  be  separate  and  apart 


BUREAU   OF   ANIMAL  INDUSTRY.  69 

from  any  printed  bill  of  lading,  or  otlier  railroad  form,  the  time  of 
conhnemont  may  bo  extended  to  thirty-six  hours.  In  estimatin<r  such 
conlinement,  the  time  consumed  in  loadin<r  and  unloading  sJKrU  not 
be  considered,  but  the  tune  during  which  the  animals  have  been  con- 
fined without  such  rest  or  food  or  water  on  connecting  roads  shall  be 
included,  it  being  the  intent  of  this  Act  to  prohibit  their  continuous 
confinement  beyond  the  period  of  twenty-eight  hours,  except  ui)()n  the 
contingencies  hereinbefore  stated:  Provided,  That  it  shall  not  be  re- 
quired that  sheep  be  unloaded  in  the  nighttime,  but  where  the  time  ex- 
pires in  the  nighttime  in  case  of  sheep  the  same  may  contimie  in 
transit  to  a  suitable  place  for  unloading,  subject  to  the  aforesaid  limi- 
tation of  thirty-six  hours. 

Act  June  29,  190G,  c.  3594,  s.  1,  34  Stat.  607. 

Animals  unloaded  to  be  fed  and  watered  by  owner,  etc.,  or  railroad,  etc.,  and  at 
expense  of  owner,  etc.;  lien  of  railroad,  etc.,  for  food,  care,  and  custody. 

Sec.  2.  That  animals  so  unloaded  shall  be  properly  fed  and  watered 
during  such  rest  either  by  the  owner  or  person  having  the  custody 
thereof,  or  in  case  of  his  default  in  so  doing,  then  by  the  railroad,  ex- 
press company,  car  company,  common  carrier  other  than  by  water,  or 
the  receiver,  trustee,  or  lessee  of  any  of  them,  or  by  the  owners  or 
masters  of  boats  or  vessels  transporting  the  same,  at  the  reasonable 
expense  of  the  owner  or  person  in  custody  thereof,  and  such  railroad, 
express  company,  car  company,  common  carrier  other  than  by  water, 
receiver,  trustee,  or  lessee  of  any  of  them,  owners  or  masters,  shall  in 
such  case  have  a  lien  upon  such  animals  for  food,  care,  and  custody 
furnished,  collectible  at  their  destination  in  the  same  manner  as  the 
transportation  charges  are  collected,  and  shall  not  be  liable  for  any 
detention  of  such  animals,  when  such  detention  is  of  reasonable  dura- 
tion, to  enable  compliance  with  section  one  of  this  Act;  but  nothing  in 
this  section  shall  be  construed  to  prevent  the  owner  or  shipper  of 
animals  from  furnishing  food  therefor,  if  he  so  desires. 

Act  June  29,  190G,  c.  3594,  s.  2,  34  Stat.  608. 

Penalty  for  failure  to  comply  with  provisions  of  two  preceding  sections;  pro- 
visions not  to  apply  where  animals  have  proper  food,  water,  space,  and 
opportunity  to  rest  in  cars,  boats,  or  vessels. 

Sec.  3.  That  am''  railroad,  express  company,  car  company,  common 
carrier  other  than  by  water,  or  tlie  receiver,  trustee,  or  lessee  of  any  of 
them,  or  the  master  or  owner  of  any  steam,  sailing,  or  other  vessel  wlio 
laiowingly  and  willfully  fails  to  comply  with  the  provisions  of  the 
tAvo  preceding  sections  shall  for  every  such  failure  be  liable  for  and 
forfeit  and  pay  a  penalty  of  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars:  Provided,  That  when  animals  are  carried  in 
cars,  boats,  or  other  vessels  in  which  they  can  and  do  have  proper 
food,  w^ater,  space,  and  opportunity  to  rest  the  provisions  in  regard 
to  their  being  unloaded  shall  not  apply. 

Act  June  29,  1906,  c.  3594,  s.  3,  34  Stat.  60S. 

Penalty  recoverable  by  civil  action;  duty  of  district  attorneys  to  prosecute 
violations. 

Sec.  4.  That  the  penalty  created  by  the  preceding  section  shall  be 
recovered  bv  civil  action "^in  the  name  of  the  United  States  in  the 
circuit  or  district  court  holden  within  the  district  where  the  violation 
mav  have  been  committed  or  the  person  or  corporation  resides  or 


70  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGPJGULTUEE, 

carries  on  business;  and  it  shall  be  the  duty  of  United  States  attor- 
neys to  prosecute  all  violations  of  this  Act  reported  by  the  Secretary 
of  Agriculture,  or  which  come  to  their  notice  or  knowledge  by  other 
means. 

Act  June  29,  1906,  c.  3594,  s.  4,  34  Stat.  60S. 
Repeal  of  Rev.  St.  sees.  4386-4390. 

Sec.  5.  That  sections  forty-three  hundred  and  eighty-six,  forty- 
three  hundred  and  eighty-seven,  forty-three  hundred  and  eighty-eight, 
forty-three  liundred  and  eighty-nine,  and  forty-three  hundred  and 
ninety  of  the  Kevised  Statutes  of  the  United  States  be,  and  the  same 
are  hereby,  repealed. 

Act  June  29,  1906,  c.  3594,  s.  5,  34  Stat.  608. 

Annual  nppvopriations  for  carrying  into  effect  the  provisions  of  this 
act  are  made  in  the  agriculturnl  appropriation  acts  for  the  fiscal  year 
1909  and  subsequent  fiscnl  years.  The  appropriation  in  the  act  for  the 
fiscal  year  1913  is  set  forth  on  p.  73,  post. 

ACT  MARCH  3,  1891,  c.  521.  An  act  to  provide  for  the  safe  transport  and 
huni.'ine  trentnient  of  export  cattle  from  the  United  States  to  foreign 
countries,  and  for  other  purposes.     (26  Stat.  833.) 

Examination  of  vessels  carrying  export  cattle  and  regulation  of  accommoda- 
tions for  humane  treatment. 

That  the  Secretary  of  Agriculture  is  hereby  authorized  to  examine 
all  vessels  which  are  to  carry  export  cattle  from  the  ports  of  the 
United  States  to  foreign  countries,  and  to  prescribe  by  rules  and  regu- 
lations or  orders  the  accommodations  which  said  vessels  shall  provide 
for  export  cattle,  as  to  space,  ventilation,  fittings,  food  and  water 
supply,  and  such  other  requirements  as  he  may  decide  to  be  necessary 
for  the  safe  and  proper  transportation  and  humane  treatment  of  such 
animals. 

Act  March  3,  1891,  c.  521,  s.  1,  26  Stat.  833. 
Violation  of  regulations,  etc.;  penalty. 

Sec.  2.  That  whenever  the  owner,  owners,  or  master  of  any  vessel 
carrying  export  cattle  shall  willfully  violate  or  cause  or  permit  to  be 
violated  any  rule,  regulation  or  order  made  pursuant  to  the  foregoing 
Fection  the  vessel  in  respect  of  which  such  violation  shall  occur  may 
be  prohibited  from  again  carrying  cattle  from  any  port  o^the  United 
States  for  such  length  of  time,  not  exceeding  one  year,  as  the  Secre- 
tary of  Agriculture  may  direct,  and  sucli  vessel  shall  be  refused  clear- 
ance from  any  port  of  the  United  States  accordingly. 

Act  March  3,  1891,  c.  521,  s.  2,  26  Stat.  833. 

Annu.il  appropriations  for  carrying  into  effect  the  provisions  of  this 
act  nre  mad(>  in  the  nsriciiltnral  Jippmprintinn  acts  for  tlie  fiscal  years 
1903  to  1900.  inclusive,  and  the  fiscal  years  1900  and  tliereafter.  The 
appropriation  in  the  act  for  the  fiscal  year  1913  is  set  forth  ou  p.  72, 
post. 

ACT  MARCH  4.  1909,  c.  321.     (35  Stat.  1088.) 

Molesting  officers  or  employees  of  Bureau  of  Animal  Industry  in  execution  of 
duties;    punishment. 

Sec.  62.  "\Mioever  shall  forcibly  assault,  resist,  oppose,  prevent, 
im])ede.  or  interfere  with  any  officer  or  employee  of  the  Bureau  of 
Aniuial  Tudustry  of  the  Department  of  Agriculture  in  the  execution 
of  his  duties,  or  on  account  of  the  execution  of  his  duties,  shall  be 


i 


BUREAU  OF  ANIMAL  INDUSTRY.  71 

fined  not  more  tlian  one  thousand  dollars,  or  imprisoned  not  more 
Oian  one  year  or  both  ;  and  whoever  shall  use  any  deadly  or  dan^^^erous 
weapon  in  resisting  any  olHcer  or  employee  of  the  Bureau  of  Animal 
Industry  of  the  Department  of  Agjricuhure  in  the  execution  of  his 
duties,  with  intent  to  commit  a  bodily  injury  upon  him  or  to  deter 
or  prevent  him  from  discharging  his  duties,  or  on  account  of  the 
performance  of  his  duties,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Act  March  4.  1900,  c.  321,  s.  62.  35  Stat.  1100. 

Tbls  section  is  a  part  of  "An  act  to  codify,  revise,  and  amend  tlie  penal 
laws  of  the  United  States,"  cited  above,  incorporatiuK  therein  the  pro- 
visions of  section  5,  act  March  3,  1905,  c  1496,  set  forth  on  p.  48,  ante. 

ACT  JULY  1,  1902,  c.  1370.     (32  Stat.  712.) 

Bureau  of  Animal  Industry  expert  to  be  detailed  as  member  of  advisory  board 
for  the  hygienic  laboratory. 

Sec.  5.  That  there  shall  be  an  advisory  board  for  the  hygienic 
laboratory  provided  by  the  xVct  of  Congress  approved  March  third, 
nineteen  hundred  and  one,  for  consultation  with  the  Surgeon-General 
of  the  Public  Health  and  Marine-Hospital  Service  relative  to  the  in- 
vestigations to  be  inaugurated,  and  the  methods  of  conducting  the 
same,  in  said  laboratory.  Said  board  shall  consist  of  three  competent 
experts,  to  be  detailed  from  the  Army,  the  Navy,  and  the  Bureau  of 
Animal  Industry  by  the  Surgeon-General  of  the  Army,  the  Surgeon- 
General  of  the  Navy,  and  the  Secretary  of  Agriculture,  respectively, 
which  experts,  with  the  director  of  the  said  laboratory,  shall  be  ex 
officio  members  of  the  board,  and  serve  without  additional  compensa- 
tion.    *     *     * 

Act  July  1,  1902,  c.  1370,  s.  5,  32  Stat.  713. 

Act  Uavch  3,  1901,  c.  853,  s.  1,  31  Stat.  1137,  mentioned  in  this  section, 
provides  for  the  erection  of  a  laboratory  for  the  Marine-Hospital  Service 
and  a  site  therefor. 

ACT  JANUARY  12,  1895,  c.  23.      (28  Stat.  601.) 

Extra  copies  of  the  Report  of  the  Bureau  of  Animal  Industry. 

Sec.  73.  Extra  copies  of  documents  and  reports  shall  be  printed 
promptly  when  the  same  shall  be  ready  for  publication,  and  shall  be 
bound  in  paper  or  cloth  as  directed  by  "the  Joint  Committee  on  Print- 
ing, and  shall  be  of  the  number  following  in  addition  to  the  usual 
number : 

******* 

Of  the  Report  of  the  Bureau  of  Animal  Industry,  thirty  thousand 
copies,  of  which  seven  thousand  shall  be  for  the  Senate,  fourteen 
tliousand  for  the  House,  and  nine  thousand  for  distribution  by  the 
Agricultural  Department. 

Act  .January  12,  1895,  c.  23,  s.  73,  28  Stat.  612,  613. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Salaries,  Bureau  of  Animal  Industry:  One  chief  of  bureau, 
five  thousand  dollars;  one  chief  clerk,  two  thousand  five  hundred 
dollars;  one  editor  and  compiler,  two  thousand  two  hundred  and  httv 
dollars;  six  clerks,  class  four;  one  clerk,  one  thousand  six  hundred 
and  eighty  dollars;  twelve  clerks,  class  three;  two  clerks,  at  one 


72  LAWS  APPLICABLE   TO  DEPARTMENT   Ofc^  AGRICULTUKE. 

thousand  five  hundred  dollars  each;  twenty -two  clerks,  class  two; 
two  clerks,  at  one  thousand  three  hundred  and  eighty  dollars  each; 
three  clerks,  at  one  thousand  three  hundred  and  twenty  dollars  each ; 
one  clerk,  one  thousand  three  hundred  dollars;  one  clerk,  one  thou- 
sand two  hundred  and  sixty  dollars;  thirty-nine  clerks,  class  one; 
one  clerk,  one  thousand  one  hundred  dollars ;  one  clerk,  one  thousand 
and  eighty  dollars;  forty-five  clerks,  at  one  thousand  dollars  each; 
two  clerks,  at  nine  hundred  and  sixty  dollars  each;  sixty-two  clerks, 
at  nine  hundred  dollars  each;  one  architect,  two  thousand  dollars; 
one  architect,  nine  hundred  dollars;  one  ilhistrator,  one  thousand 
four  hundred  dollars;  four  inspector's  assistants,  at  one  thousand 
dollaa's  each;  twelve  insj^ector's  assistants,  at  eight  hundred  and 
forty  dollars  each;  one  laboratory  assistant,  one  thousand  two  hun- 
dred dollars;  two  laboratory  assistants,  at  nine  hundred  dollars  each; 
one  laboratory  helper,  one  thousand  and  twenty  dollars;  two  labora- 
tory helpers,  at  eight  hundred  and  forty  dollars  each;  one  labora- 
tory helper,  seven  hundred  and  twenty  dollars;  one  laboratory 
helper,  six  hundred  dollars;  one  laboratory  helper,  four  hundred  and 
eighty  dollars;  one  instrument  maker,  one  thousand  two  hundred 
dollars;  one  carpenter,  one  thousand  one  hundred  dollars;  two  car- 
penters, at  one  thousand  dollars  each ;  one  messenger  and  custodian, 
one  thousand  two  hundred  dollars;  one  messenger  and  custodian, 
one  thousand  dollars;  nine  messengers,  skilled  laborers,  or  laborers, 
at  eight  hundred  and  forty  dollars  each;  ten  messengers,  skilled 
laborers,  or  laborers,  at  seven  hundred  and  twenty  dollars  each; 
twent3^-three  messengers,  messenger  boys,  or  laborers,  at  four  hun- 
dred and  eighty  dollars  each;  six  messengers  or  messenger  boys,  at 
three  hundred  and  sixty  dollars  each;  one  skilled  laborer,  one  thou- 
sand dollars;  thirty-three  skilled  laborers,  at  nine  hundred  dollars 
each;  two  skilled  laborers,  at  eight  hundred  and  forty  dollars  each; 
seven  skilled  laborers,  at  seven  hundred  and  twenty  dollars  each; 
one  skilled  laborer  or  laborer,  seven  hundred  and  eighty  dollars;  two 
laborers  or  messengers,  at  six  hundred  and  sixty  dollars  each;  nine 
laborers,  messengers,  or  messenger  boys,  at  six  hundred  dollars  each; 
three  laborers,  messengers,  or  messenger  boys,  at  five  hundred  and 
forty  dollars  each ;  one  watchman,  seven  hundred  and  twenty  dollars; 
one  charwoman,  six  hundred  dollars;  one  charwoman,  five  hundred 
and  forty  dollars;  eleven  charwomen,  at  four  hundred  and  eighty 
dollars  each;  four  charwomen,  at  three  hundred  and  sixty  dollars 
each;  one  charwoman,  three  hundred  dollars;  two  charwomen,  at 
two  hundred  and  forty  dollars  each;  in  all,  three  hundred  and  fifty- 
two  thousand  four  hundred  and  fifty  dollars. 

General  Expenses,  IUireau  or  Animal  Industky:  For  carrying 
out  the  provisions  of  the  Act  approved  May  twenty-ninth,  eighteen 
hundred  and  eighty-four,  establishing  a  Bureau  of  Animal  Industry, 
and  the  provisions  of  the  Act  a}")proved  March  third,  eighteen  hundred 
and  ninety-one,  providing  for  the  safe  transport  and  humane  treat- 
ment of  export  cattle  from  the  United  States  to  foreign  countries, 
and  for  other  purposes;  the  Act  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  providing  for  the  importation  of  animals  into 
the  United  States,  and  for  otlier  purposes;  and  the  provisions  of  the 
Act  of  INIay  ninth,  nineteen  hundred  and  two,  extending  the  inspec- 
tion of  meats  to  process  butter,  and  providing  for  the  inspection  of 
factories,  marking  of  packages,  and  so  forth;  and  the  provisions  of 


BUREAU   OF   ANIMAL   INDUSTRY.  73 

the  Act  approved  February  second,  nineteen  hundred  and  three, 
to  enable  the  Secretary  of  AgricuUure  to  more  cireclually  sup])ress 
and  prevent  the  spread  of  contagious  and  infectious  diseases  ol  live 
stock,  and  for  other  purposes;  and  also  the  provisions  of  the  Act 
approved  March  third,  nineteen  hundred  and  five,  to  enable  the 
Secretary  of  Agriculture  to  establish  and  maintain  quarantine  dis- 
tricts, to  permit  and  regulate  the  movement  of  caltle  and  other 
live  stock  therefrom,  and  for  other  purposes;  and  for  carrying  out 
the  provisions  of  the  Act  of  June  twenty-ninth,  nineteen  hundred 
and  six,  entitled  "An"  Act  to  prevent  cruelty  to  animals  while  in 
transit  by  railroad  or  other  means  of  transportation,"  and  to  enable 
the  Secretai-y  of  Agriculture  to  collect  and  disseminate  information 
concerning  live  stock,  dairy,  and  other  animal  products;  to  prepare 
and  disseminate  reports  on  animal  industry;  to  emplov  and  pay 
from  the  appropriation  herein  made  as  many  persons  in  the  city 
of  Washington  or  elsewhere  as  he  may  deem  necessary;  to  purchase 
in  the  open  market  samples  of  all  tuberculin  serums,  antitoxins,  or 
analogous  products,  of  foreign  or  domestic  manufacture,  which  are 
sold  in  the  United  States,  for  the  detection,  prevention,  treatment, 
or  cure  of  diseases  of  domestic  animals,  to  test  the  same,  and  to  dis- 
seminate the  results  of  said  tests  in  such  manner  as  he  may  deem  best; 
to  purchase  and  destroy  diseased  or  exposed  animals  or  quarantine 
the  same  wdienever  in  his  judgment  essential  to  prevent  the  spread  of 
pleuropneumonia,  tuberculosis,  or  other  diseases  of  animals  from  one 
State  to  another,  as  follows: 

For  inspection  and  quarantine  work,  including  all  necessary  ex- 
penses for  the  eradication  of  scabies  in  sheep  and  cattle,  the  inspec- 
tion of  southern  cattle,  the  supervision  of  the  transportation  of  live 
stock  and  the  inspection  of  vessels,  the  execution  of  the  twenty-eight 
hour  law,  the  inspection  and  quarantine  of  imported  animals,  in- 
cluding the  establishment  and  maintenance  of  quarantine  stations  and 
the  alteration  of  buildings  thereon,  the  inspection  work  relative  to  the 
existence  of  contagious  diseases  and  the  tuberculin  and  mallein  testing 
of  animals,  six  hundred  thousand  dollars ;  ^ 

For  all  necessary  expenses  for  the  eradication  of  southern  cattle 
ticks,  two  hundred  and  fifty  thousand  dollars; 

For  all  necessar}^  expenses  for  investigations  and  experiments  in 
dairy  industry,  cooperative  investigations  of  the  dairy  industry  in 
the  Various  States,  inspection  of  renovated  butter,  factories,  and 
markets,  one  hundred  and  seventy-seven  thousand  nine  hundred 
dollars:     *     *     * 

A  proviso,  here  omitted,  extending  the  s>;mlt;u-y  provisions  for  slaughter- 
ing, etc.,  establishments,  as  set  forth  in  act  June  30.  100(3,  c.  3913,  to 
renovated  butter  factories,  as  defined  in  act  May  9,  1902,  c.  784,  s.  5,  la 
set  forth  on  p.  60,  ante. 

For  all  necessary  expenses  for  investigations  and  experiments  in 
animal  husbandry,  fifty-two  thousand  one  hundred  and  eighty 
dollars;  .       .        . 

For  all  necessarv  expenses  for  scientific  investigations  in  diseases 
of  animals,  including  the  maintenance  and  improvement  of  the 
bureau  experiment  station  at  Bethesda,  Maryland,  and  the  neces- 
sarv alterations  of  buildings  thereon,  and  the  necessary  expenses  for 
investigations  of  tulierculin,  serums,  antitoxins,  and  analogous 
products,  seventy-eight  thousand  six  hundred  and  eighty  dollars; 


74  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGBICULTUEE. 

For  construction  of  buildings  at  bureau  experiment  station  at 
Bethescla,  Maryland,  and  bureau  experiment  farm  at  Beltsville,  Mary- 
land, sixteen  thousand  five  hundred  dollars ; 

For  general  administrative  work,  including  traveling  expenses  and 
salaries  of  employees  engaged  in  such  work,  rent  outside  of  the  Dis- 
trict of  Columbia,  office  fixtures  and  supplies,  express,  freight,  tele- 
graph, telephone,  and  other  necessary  expenses,  forty-two  thousand 
six  hundred  and  six  dollars; 

In  all,  for  general  expenses,  one  million  two  hundred  and  seventeen 
thousand  eight  hundred  and  sixty-six  dollars; 

******* 

A  paragrapli,  here  omitted,  relating  to  the  sale  or  exchange  of  breeding 
animals  or  animal  products  produced  or  purchased  under  appropriations 
made  by  Congress,  is  set  forth  on  p.  45,  ante. 

COOPERATIA'E   EXPERIMENTS   IN    ANIMAL   FEEDING  AND   BREEDING  :   For 

experiments  in  animal  feeding  and  breeding,  including  cooperation 
with  the  State  agricultural  experiment  stations,  including  the  repairs 
and  additions  to  and  erection  of  buildings  absolutely  necessary  to 
carry  on  the  experiments,  and  the  experiments  in  the  breeding  of 
horses  for  military  purposes,  including  the  employment  of  labor  in 
the  city  of  Washington  and  elsewhere,  rent  outside  of  the  District  of 
Columbia,  and  all  other  necessary  expenses,  one  hundred  thousand 
dollars. 

Total  for  bureau  of  Animal  Industry,  one  million  six  hundred  and 
seventy  thousand  three  hundred  and  sixteen  dollars. 

Act  August  ]0,  1912,  c.  284,  37  Stat.  272. 

These  are  ])rovisidns  of  the  agricultural  appropriation  act  for  the  fiscal 

year  1013,  cited  above. 

BUREAU   or   PLANT   INDUSTRY. 

ACT  MARCH  2,  1901,  c.  805.     (31  Stat.  922.) 
Chief  of  bureau. 

*  *  *  One  plant  plwsiologist  and  pathologist,  who  shall  be  Chief 
of  Bureau,     *     *     * 

Act  March  2,  1901,  c.  805,  31  Stat.  926. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1902,  cited  above.  Provisions  in  the  same  words  are  contained  in  the 
similar  acts  for  subsequent  fiscal  years.  The  provision  in  the  act  for  the 
fiscal  year  1913  is  ^et  forth  on  p.  81,  post. 

ACT  JUNE  3,  1902,  c.  985.     (32  Stat.  286.) 

Establishment  of  Bureau. 

All  existing  statutes  relating  to  the  Division  of  Botany,  the  Division  of 
Pomology,  the  Division  of  Vegetable  I'hysiology  and  Pathology,  the  Divi- 
sion of  Agrostology,  and  Experimental  Gardens  and  Grounds,  reorganized 
into  tlie  Bureau  of  Plant  Industry,  not  otherwise  repealed,  are  continued 
in  effect  as  applying  to  the  bureau  into  which  the  divisions  are  re- 
organized, by  a  proviso  annexed  to  the  agricultural  approiniation  act  for 
the  fiscal  year  1903,  cited  above,  set  forth  on  p.  11,  ante. 

REV.   ST.   SEC.   527. 

Purchase  and  distribution  of  seeds,  plants,  etc. 

Sec.  527.  That  purchase  and  distribution  of  vegetable,  field,  and 
flower  seeds,  plants,  shrubs,  vines,  bulbs  and  cuttings  shall  be  of  the 


BUREAU   OF   PLANT  INDUSTRY.  75 

freshest  and  best  obtainable  varieties  and  adapted  to  general  culti- 
vation. 

Rev.  St.  sec.  527,  as  amended  by  the  aKrioultiirnl  apprnprintion  act  for 
the  fiscal  year  1897,  act  April  25,  1800,  c.  1-10,  2n  Stat.  1<)(!. 

Provisions  relatin;;  to  the  pnrchnse  and  distiilmtion  of  seeds,  plants, 
etc.,  are  enacted  in  the  annual  agricnltnral  appropriation  acts.  The  pro- 
visions of  the  act  for  the  fiscal  year  1913  are  set  forth  below. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Expenses  of  purchase,  distribution,  etc.,  of  seeds,  plants,  etc.;  seeds,  plants, 
etc.,  purchased  to  be  of  best  and  adapted  to  localities;  allotment  of  seeds[ 
plants,  etc.,  to  Members  of  Congress  for  distribution;  distribution  of  un- 
called for  allotments;  report  of  place,  quantity,  price,  and  date  of  seeds 
purchased;  diversion  of  appropriation  forbidden;  purchase  of  rare  seeds, 
plants,  etc.,  for  experimental  tests. 

Purchase  and  distribution  of  valu.vble  seeds:  For  purchase, 
propairation,  testinsr.  and  distribution  of  valuable  seeds,  ))ulbs,  trees, 
shrubs,  vines,  cuttings,  and  plants;  all  necessary  office  fixtures  and 
supplies,  fuel,  transportation,  paper,  twine,  gum.  postal  cards,  gas, 
electric  current,  rent  outside  of  the  District  of  Columbia,  official 
traveling  expenses,  and  all  necessary  material  and  repairs  for  putting 
up  and  distributing  the  same;  for  repairs  and  the  employment  of 
local  and  special  agents,  clerks,  assistants,  and  other  labor  required, 
in  the  city  of  Washington  and  elsewhere,  two  hundred  and  eighty- 
five  thousand  six  hundred  and  eighty  dollars,  of  which  amount  not 
less  than  two  hundred  and  twenty-six  thousand  nine  hundred  and 
forty  dollars  shall  be  allotted  for  congi-essional  distribution.  And 
the  Secretary  of  Agriculture  is  hereby  directed  to  expend  the  said 
sum,  as  nearly  as  practicable,  in  the  purchase,  testing,  and  distribu- 
tion of  such  valuable  seeds,  bulbs,  shrubs,  vines,  cuttings,  and  plants, 
the  best  he  can  obtain  at  public  or  private  sale,  and  such  as  shall  be 
suitable  for  the  respective  localities  to  which  the  same  are  to  be 
apportioned,  and  in  which  same  are  to  be  distributed  as  hereinafter 
stated,  and  such  seeds  so  purchased  shall  include  a  variety  of  vege- 
table and  flower  seeds  suitable  for  planting  and  culture  in  the  various 
sections  of  the  United  States :  Provided,  That  the  Secretary  of  Agri- 
culture, after  due  advertisement  and  on  competitive  bids,  is  author- 
ized to  award  the  contract  for  the  supplying  of  printed  packets  and 
envelopes  and  the  packeting,  assembling,  and  mailing  of  the  seeds, 
bulbs,  shrubs,  vines,  cuttings,  and  plants,  or  any  part  thereof,  for  a 
period  of  not  more  than  five  years  nor  less  than  one  year,  if  by  such 
action  he  can  best  protect  the  interests  of  the  United  States.  An 
equal  proportion  of  five-sixths  of  all  seeds,  bulbs,  shrubs,  vines,  cut- 
tings, and  plants  shall,  upon  their  request,  after  due  notification  by 
the"  Secretary  of  Agriculture  that  the  allotment  to  their  respective 
districts  is  ready  for  distribution,  be  supplied  to  Senators.  Represent- 
atives, and  Delegates  to  Congress  for  distribution  among  their  con- 
stituents, or  mailed  by  the  department  upon  the  regeipt  of  their 
addre.ssed  franks,  in  packages  of  such  weiglit  as  the  Secretar}^  of 
Agriculture  and  the  Postmaster  General  may  jointly  determine: 
Provided,  however,  That  upon  each  envelope  or  wrapper  containing 
packages  of  seeds  the  contents  thereof  shall  be  plainly  indicated,  and 
the  Secretary  shall  not  distribute  to  any  Senator,  Rej)resentative,  or 
Delegate  seeds  entirely  unfit  for  the  climate  and  locality  he  repre- 
sents, but  shall  distribute  the  same  so  that  each  :Member  may  have 


76  LAWS  APPLICABLE   TO   DEPABTMENT   OF  AGEICULTUEE. 

seeds  of  equal  value,  as  near  as  may  be,  and  the  best  adapted  to  the 
locality  he  represents :  Provided,  also.  That  the  seeds  allotted  to  Sen- 
ators and  Representatives  for  distribution  in  the  districts  embraced 
within  the  twenty-fifth  and  thirty-fourth  parallels  of  latitude  shall 
be  ready  for  delivery  not  later  than  the  tenth  day  of  January:  Pro- 
vided, also,  That  any  portion  of  the  allotments  to  Senators,  Repre- 
sentatives, and  Delegates  in  Congress  remaining  uncalled  for  on  the 
first  day  of  April  shall  be  distributed  by  the  Secretary  of  Agriculture, 
giving  preference  to  those  persons  whose  names  and  addresses  have 
■  been  furnished  by  Senators  and  Representatives  in  Congress,  and 
who  have  not  before  during  the  same  season  been  supplied  by  the 
department:  And  provided  also.  That  the  Secretary  shall  report,  as 
provided  in  this  Act,  the  place,  quantity,  and  price  of  seeds  purchased, 
and  the  date  of  purchase;  but  nothing  in  this  paragraph  shall  be 
construed  to  prevent  the  Secretary  of  Agriculture  from  sending  seeds 
to  those  who  apply  for  the  same.  And  the  amount  herein  appro- 
priated shall  not  be  diverted  or  used  for  any  other  purpose  but  for 
the  purchase,  testing,  propagation,  and  distribution  of  valuable 
seeds,  bulbs,  mulberry  and  other  rare  and  valuable  trees,  shrubs, 
vines,  cuttings,  and  plants:  Provided  further.  That  fifty-eight  thou- 
sand seven  hundred  and  forty  dollars  of  which  sum,  or  so  much 
thereof  as  the  Secretary  of  Agriculture  shall  direct,  may  be  used  to 
collect,  purchase,  test,  propagate,  and  distribute  rare  and  valuable 
seeds,  bulbs,  trees,  shrubs,  vines,  cuttings,  and  plants  from  foreign 
countries  or  from  our  possessions  for  experiments  with  reference  to 
their  introduction  into  and  cultivation  in  this  country,  and  same  shall 
not  be  distributed  ^enerallj^  but  shall  be  used  for  experimental  tests, 
to  be  carried  on  with  the  cooperation  of  the  agricultural  experiment 
stations. 

Act  August  10,  1912,  c.  284,  37  Stat.  27S. 

These  provisions  of  the  agricultural  appropriation  act  for  the  fiscal  year 
1913,  cited  above,  are  re-enactments,  with  alterations  and  additions,  of 
those  contained  in  the  agricultural  appropriation  acts  for  the  fiscal 
3'ears  ISSl  and  thereafter. 

"  It  is  questionable  to  what  extent,  if  at  all,  its  provisions  can  be 
considered  permanent,  or  whether  each  is  in  force  only  in  relation  to 
the  particular  appropriation  made  bv  the  act  in  which  each  appears." 
{Compilers'  note,  1  Supp    U.  S.  Rev.  St.  773.) 

ACT  MARCH  3,  1875,  c.  128.      (18  Stat.  340.)  '^ 

Seeds  and  reports  from  Department  of  Agriculture,  to  be  transmitted  free. 

Sec.  7.  That  seeds  transmitted  by  the  Commissioner  of  Agricul- 
ture, or  by  any  member  of  Congress  or  delegate  receiving  seeds  for 
distribution  from  said  De])artment,  together  with  agricultural  reports 
emanating  from  that  Department,  and  so  transmitted,  shall,  under 
such  regulations  as  the  Postmaster-General  shall  prescribe,  pass 
through  the  mails  free  of  charge.  And  the  provisions  of  this  section 
shall  apply  to  ex-members  of  Congress  and  ex-delegates  for  the  period 
of  nine  months  after  the  expiration  of  their  terms  as  members  and 
delegates. 

Act  March  3,  1875,  c.  128,  s.  7,  18  Stat.  343. 


BUREAU  OF  PLANT  INDUSTRY.  77 

RES.  MAY  19.  1902,  No.  23.     Joint  rosoliKion  providing  f(.r  iho  pi-intlng  nnmmllv 
of  franks  reqiiirea  for  sending  out  tetHl.     (:32  Sl;it.  741.) 

That  the  Public  Printer  shall  furnish  to  the  Department  of  Agri- 
culture such  franks  as  the  Secretary  of  Agriculture  may  require  for 
sending  out  seeds  on  Congressional  orders,  the  franks  to'have  printed 
thereon  the  facsimde  signatures  of  Senators,  Representatives,  and 
Delegates,  also  the  names  of  their  respective  States  or  Territories 
and  the  words  "  United  States  Department  of  Agriculture,  Con"-res- 
sional  Seed  Distribution  ",  or  such  other  ])rinted  matter  as  the  Secre- 
tary of  Agriculture  may  direct;  the  franks  to  be  of  such  size  and 
style  as  may  be  prescribed  by  the  Secretary  of  Agriculture;  the  ex- 
pense of  printing  the  said  franks  to  be  charged  to  the  allotment  for 
printing  and  binding  for  the  two  Houses  of  Congress. 
Res.  May  19,  1902,  No.  23,  32  Stat.  741. 

ACT  APRIL  28,  1904,  c.  1486.      (33  Stat.  276.) 
Tests  of  seeds  of  grass,  etc.,  for  adulterations. 

The  Secretary  of  Agriculture  is  hereby  directed  to  obtain  in  the 
open  market  samples  of  seeds  of  grass,  clover,  or  alfalfa,  test  the 
same,  and  if  any  such  seeds  are  found  to  be  adulterated  or  mis- 
branded,  or  any  seeds  of  Canada  blue  grass  (Poa  compressa)  are 
obtained  under  any  other  name  than  Canada  blue  grass  or  Poa  com- 
pressa, to  publish  the  results  of  the  tests,  together  with  the  names  of 
the  persons  b}'^  whom  the  seeds  were  offered  for  sale. 

Act  April  28,  1904,  c.  1486,  33  Stat.  283. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1905.  Provisions  in  the  same  words  are  contained  in  the  similar 
appropriation  acts  for  the  subsequent  fiscal  years  including  1909.  Provi- 
sions for  the  same  purpose  are  contained  in  the  similar  appropriation  acts 
for  the  fiscal  years  1910  and  thereafter,  in  the  words  of  the  provision  of 
the  act  for  the  fiscal  year  1913,  set  forth  below. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 
Tests  of  seeds  of  grasses,  etc.,  for  adulterations. 

For  studying  and  testing  commercial  seeds,  including  the  testing 
of  samples  of  seeds  of  grasses,  clover,  or  alfalfa  secured  in  the  open 
market,  and  wdiere  such  samples  are  found  to  be  adulterated  or  mis- 
branded  the  results  of  the  tests  shall  be  published,  together  with  the 
names  of  the  persons  by  whom  the  seeds  were  offered  for  sale,    *     *    * 

Act  August  10,  1912,  c.  284,  37  Stat.  276. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913.  cited  above.  Provisions  in  the  same  words  are  contained  in 
similar  appropriation  acts  for  the  three  preceding  fiscal  years.  Provisions 
for  the  same  purpose,  in  the  words  of  the  provision  in  the  act  for  the 
fiscal  year  1905.  set  forth  above,  were  contained  in  the  acts  for  that  and 
subsequent  fiscal  years. 

ACT  AUGUST  24,  1912,  c.  382.  An  act  to  regulate  foreign  commorco  by  pro- 
hibiting the  admission  into  the  United  States  of  certain  adulterated  grain 
and  seeds  unfit  for  seeding  purposes.     (37  Stat.  500.) 

Importation  of  alfalfa,  grass,  and  grain  seeds  adulterated  or  unfit  for  seeding 
purposes,  prohibited;  delivery  under  bond;  seeds  shipped  in  bond  through 
United  States  or  for  manufacturing  purposes. 

That  from  and  after  six  months  after  the  passage  of  this  Act  the 
importation  into  the  United  States  of  seeds  of  alfalfa,  barley,  Cana- 


78  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGPJCULTUEE. 

diaii  blue  grass,  Kentucky  blue  grass,  awnless  brome  grass,  buckwheat, 
clover,  field  corn,  Kafir  corn,  meadow  fescue,  flax,  millet,  oats,  orchard 
grass,  rape,  redtop,  rj-e,  sorghum,  timothy,  and  wheat,  or  mixtures  of 
seeds  containing  any  of  such  seeds  as  one  of  the  principal  component 
parts,  which  are  adulterated  or  unlit  for  seeding  purposes  under  the 
terms  of  this  Act,  is  hereby  prohibited;  and  the  Secretary  of  the 
Treasury  and  the  Secretary  of  Agriculture  shall,  jointly  or  severally, 
make  such  rules  and  regulations  as  will  prevent  the  importation  oi 
such  seeds  into  the  United  States:  Provided^  however^  That  such  seed 
may  be  delivered  to  the  owner  or  consignee  thereof  under  bond,  to 
be  recleaned  in  accordance  wuth  and  subject  to  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  and  when  cleaned  to 
the  standard  of  purity  specified  in  this  Act  for  admission  into  the 
United  States  such  seed  may  be  released  to  the  owner  or  consignee 
thereof  after  the  screenings  and  other  refuse  removed  from  such  seed 
shall  have  been  disposed  of  in  a  manner  prescribed  by  the  Secretary 
of  Agriculture:  Provided  further^  That  this  Act  shall  not  applj'-  to 
the  importation  of  barley,  buckwheat,  field  corn,  Kafir  corn,  sorghum, 
flax,  oats,  rye,  or  wheat  not  intended  for  seeding  purposes,  when 
shipped  in  bond  through  the  United  States  or  imported  for  the  pur- 
pose of  manufacture,  but  such  shipment  shall  be  subject  to  provisions 
of  the  Act  of  August  fifth,  nineteen  hundred  and  nine. 

Act  August  24,  1912,  c.  382,  s.  1,  37  Stat.  506. 
Adulteration;  red  clover;  alfalfa;   other  seeds. 

Sec.  2.  That  seed  shall  be  considered  adulterated  within  the  mean- 
ing of  this  Act^ — 

First.  "Wlien  seed  of  red  clover  contains  more  than  three  per  centum 
by  weight  of  seed  of  yellow  trefoil,  or  any  other  seed  of  similar  ap- 
pearance to  and  of  lov^er  market  value  than  seed  of  red  clover. 

Second.  When  seed  of  alfalfa  contains  more  than  three  per  centum 
by  weight  of  seed  of  yellow  trefoil,  burr  clover  and  sweet  clover, 
singly  or  combined. 

Third.  When  any  kind  or  variety  of  the  seeds,  or  any  mixture 
described  in  section  one  of  this  Act, contains  more  than  five  per  centum 
by  weight  of  seed  of  another  kind  or  varietj^  of  lower  market  value 
and  of  similar  appearance:  Provided^  That  the  mixture  of  the  seed  of 
white  and  alsike  clover,  red  and  alsike  clover,  or  alsike  clover  and 
timothy,  shall  not  be  deemed  an  adulteration  under  this  section. 

Act  August  24,  1912,  c.  3S2,  s.  2,  37  Stat.  507. 
Unfit  for  seeding  purposes;  clover  and  alfalfa;   other  seeds. 

Sec.  3.  That  seed  shall  be  considered  unfit  for  seeding  purposes 
within  the  meaning  of  this  Act — 

First.  When  any  kind  or  variety  of  clover  or  alfalfa  seed  contains 
more  than  one  seed  of  dodder  to  five  grams  of  clover  or  alfalfa  seed, 
respectively. 

Second.  "N^Hien  any  kind  or  variety  of  the  seeds  or  any  mixture 
described  in  section  one  of  this  Act  contains  more  than  three  per 
centum  by  weight  of  seeds  of  weeds. 

Act  August  24,  19T2,  c.  382,  s.  3,  37  Stat.  507. 

Violation  of  act;  penalty;  sale  for  seeding  purposes  of  seeds  imported  for  manu- 
facturing purposes. 

Sec.  4.  That  any  person  or  ])ersons  who  shall  knowingly  violate 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor 


BUREAU   OF   PLANT   IXDUSTKV.  79 

and  sluill  pay  a  fine  of  not  exceeding  five  hundred  dollars  and  not  less 
than  two  hundred  doUnvs:  Provided,  That  any  person  or  persons  who 
shall  knowingly  sell  for  seeding  purposes  seeds  or  grain  whiHi  were 
imported  under  the  provisions  of  this  Act  for  the  jnirpose  of  manu- 
facture shall  be  deemed  guilty  of  a  violation  of  this  Act. 
Act  August  24,  1912,  e.  3S2,  s.  4,  37  Stat.  507. 

ACT  MAY  23,  1908,  c.  192.      (35  Stat.  251.) 
Establishing  standards  of  grades  of  cotton. 

To  enable  the  Secretary  of  Agriculture  to  establish  a  standard  for 
the  ditTerent  grades  of  cotton,  calling  to  his  assistance  for  that  purjiose 
expert  cotton  classifiers,  by  fixino-  a' standard  of  middling  cotton  and. 
using  the  same  as  a  basis,  establishing  a  standard  of  nine  different 
grades  to  be  designated  middling  fair,  strict  good  middling,  good  mid- 
dling, strict  middling,  middling,  strict  low  middling,  low  midling. 
strict  good  ordinary,  and  good  ordinary,  which  .shall  be  the  official 
standard  of  cotton  classifications.  And  the  Secretary  of  Agriculture 
is  authorized  and  directed  to  prepare  in  practical  foriii  the  standard  of 
said  grades  and  furnish  the  same  upon  request  to  any  j^erson.  the  cost 
thereof  to  be  paid,  when  delivered,  by  the  j^erson  requesting  the  same, 
and  certified  under  the  signature  of  the  said  Secretary  and  the  seal  of 
his  department. 

Act  May  23,  lOOS.  c.  192,  35  Stat.  25G. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above. 

Appropriations  for  investigating  the  handling,  grading,  etc.,  of  cotton, 
and  the  establishment  of  standards  for  the  different  grades  thereof  and 
for  carrying  into  effect  the  provisions  of  law  relating  thereto,  are  con- 
tained in  the  similar  appropriation  acts  for  subsequent  fiscal  years.  The 
provision  of  the  act  for  the  fiscal  year  1913  is  set  forth  on  p.  <S3,  pout. 

Examinations  of  and  reporting  on  samples  of  seed  or  grain;  fixing  of  grades; 
certificates  of  inspection. 

To  enable  the  Secretary  of  Agriculture  to  establish  and  maintain, 
at  such  points  as  he  may  deem  expedient,  laboratories  for  the  purpose 
of  examining  and  reporting  upon  the  nature,  quality,  and  condition  of 
any  sample,  parcel,  or  consignment  of  seed  or  grain,  including  rent 
and  the  employment  of  labor  in  the  city  of  Washington  and  elsewhere; 
and  the  Secretary  of  Agriculture  is  authorized  to  report  upon  such 
samples,  parcels,  or  consignments,  from  time  to  time,  and  the  reports 
so  made  shall  serve  as  a  basis  for  the  fixing  of  definite  grades,  and 
also  for  theissuance  of  certificates  of  inspection  when  requested  by  the 
consignor  or  consignee  of  any  grain  entering  into  foreign  commerce. 

Act  May  23,  1908,  c.  192,  35  Stat.  257. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above.  Provisions  in  the  same  words  are  contained  In 
the  similar  appropriation  acts  for  the  two  preceding  fiscal  years. 

Appropriations  for  investigating  the  handling,  grading,  and  transpor- 
tation of  grain  and  the  fixing  of  definite  grades  thereof,  are  cont.iined  In 
the  similar  appropriation  acts  for  the  subsequent  fiscal  years.  The  appro- 
priation in  the  act  for  the  fiscal  year  1913  is  set  forth  on  p.  S3,  post. 

ACT  AUGUST  3,  1912,  c.  273.     An  act  to  establish  a  standard  barrel  and  stand- 
ard grades  for  apples  when  packed  in  barrels,  and  for  other  purposes. 
(37  Stat.  250.) 
Standard  barrel  for  apples;   dimensions  and  capacity. 

That  the  standard  barrel  for  apples  shall  be  of  the  following  di- 
mensions when  measured  without  distention  of  its  parts:  Length  of 


80  LAWS  APPLICABLE   TO  DEPARTMENT   OF   AGRICULTUPvE. 

stave,  twenty-eight  and  one-half  inches;  diameter  of  head,  seventeen 
and  one-eighth  inches;  distance  between  heads,  twenty-six  inches; 
circumference  of  bulge,  sixty-four  inches  outside  measurement,  rep- 
resenting as  nearly  as  possible  seven  thousand  and  fifty-six  cubic 
inches:  Providexl^  That  steel  barrels  containing  the  interior  dimen- 
sions provided  for  in  this  section  shall  be  construed  as  a  compliance 
therewith. 

Act  August  3,  1912,  c.  273,  s.  1,  37  Stat.  250. 

Standard  grades  for  apples  shipped  in  interstate  or  foreign  commerce;   defini- 
tion. 

Sec.  2.  That  the  standard  grades  for  apples  when  packed  in  bar- 
rels wliich  shall  be  shipped  or  delivered  for  shipment  in  interstate 
or  foreign  commerce,  or  which  shall  be  sold  or  offered  for  sale  with- 
in the  District  of  Columbia  or  the  Territories  of  the  United  States 
shall  be  as  follows:  Apples  of  one  variety,  which  are  well-grown 
specimens,  hand  picked,  of  good  color  for  the  variety,  normal  shape, 
practically  free  from  insect  and  fungous  injury,  bruises,  and  other 
defects,  except  sucli  as  are  necessarily  caused  in  the  operation  of 
packing,  or  apples  of  one  variety  wliich  are  not  more  than  ten  per 
centum  below  the  foregoing  specifications  shall  be  "  Standard  grade 
minimum  size  two  and  one-half  inches,"  if  the  minimum  size  of  the 
apples  is  two  and  one-half  inches  in  transverse  diameter;  "  Standard 
grade  minimum  size  two  and  one-fourth  inches,"  if  the  minimum  size 
of  the  apples  is  two  and  one-fourth  inches  in  transverse  diameter;  or 
"  Standard  grade  minimum  size  two  inches,"  if  the  minimum  size  of 
the  apples  is  two  inches  in  transverse  diameter. 

Act  August  3,  1912,  c.  273,  s.  2,  37  Stat.  250, 
Branding  of  barrels. 

Sec.  3.  That  the  barrels  in  which  apples  are  packed  in  accordance 
•with  the  provision  of  this  xVct  may  be  branded  in  accordance  with 
section  two  of  this  Act. 

Act  August  3,  1912.  c.  273,  s.  3,  37  Stat.  251. 

Barrels  deemed  telow  standard  if  misbranded  as  to  capacity;   style  of  marking 
barrels. 

Sec.  4.  That  all  barrels  packed  with  apples  shall  be  deemed  to  be 
below  standard  if  the  barrel  bears  an}'  statement,  design,  or  device 
indicating  that  the  barrel  is  a  standard  barrel  of  apples,  as  herein 
defined,  and  the  capacity  of  the  barrel  is  less  than  the  capacity  pre- 
scribed by  section  one  of  this  Act,  unless  the  barrel  shall  be  plainly 
marked  on  end  and  side  with  words  or  figures  showing  the  fractional 
relation  which  the  actual  capacity  of  the  barrel  bears  to  the  capacity 
prescribed  by  section  one  of  this  Act.  The  marking  required  by  this 
paragraph  shall  be  in  block  letters  of  size  not  less  than  seventy-two 
point  one-inch  gothic. 

Act  August  3,  1912,  c.  273,  s.  4,  37  Stat.  251. 

Barrels  deemed  misbranded;  contents  below  standard  required;  failure  to  state 
variety,  locality,  packer,  etc. 

Sec.  5.  That  barrels  packed  with  apples  shall  be  deemed  to  be  mis- 
branded within  the  meaning  of  this  Act — 

First.  If  tlie  barrel  bears  any  statement,  design,  or  device  indicating 
that  the  apples  contained  therein  are  "  Standard  "  grade  and  the 


BUREAU  OF  PLANT  INDUSTRY.  g] 

apples  when  packed  do  not  conform  to  the  requirements  presoril)od 
by  section  two  of  this  Act. 

Second.  If  the  barrel  bears  any  statement,  design,  or  device  indi- 
cating: that  the  apples  contained  "therein  are  "  Standard  "  grade  and 
the  barrel  fails  to  bear  also  a  statement  of  the  name  of  the  variety 
the  name  of  the  locality  where  grown,  and  the  name  of  the  packer  or 
the  person  by  whose  authority  the  apples  were  packed  and  the  barrel 
marked. 

Act  August  3,  1912.  c.  273,  s,  5.  37  Stat.  2.^1. 
Packing,  etc.,  sale,  etc.,  barrels  in  violation  of  act;  penalty. 

Sec.  6.  That  any  person,  firm  or  corporation,  or  association  who 
shall  knowingly  pack  or  cause  to  be  packed  apples  in  barrels  or  who 
shall  knowingly  sell  or  ofTer  for  sale  such  barrels  in  violation  of  the 
provisions  of  this  Act  shall  be  liable  to  a  penalty  of  one  dollar  and 
costs  for  each  such  barrel  so  sold  or  offered  for  sale,  to  be  recovered  at 
the  suit  of  the  United  States  in  any  court  of  the  United  States  having 
jurisdiction. 

Act  August  3,  1912,  c.  273,  s.  G,  37  Stat.  251. 

Time  of  taking  effect  of  act. 

Sec.  T.  That  this  Act  shall  be  in  force  and  effect  from  and  after 
the  first  day  of  July,  nineteen  hundred  and  thirteen. 

Act  August  3,  1912,  c.  273,  s.  7,  37  Stat.  251. 
ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Salaries,  Bureau  of  Plant  Industry  :  One  plant  physiologist  and 
})athologist,  who  shall  be  chief  of  bureau,  five  thousand  dollars;  one 
chief  clerk,  two  thousand  five  hundred  dollars;  one  executive  assist- 
ant in  seed  distribution,  two  thousand  two  hundred  and  6.itj  dollars; 
one  officer  in  charge  of  publications,  two  thousand  dollars;  one  land- 
scape gardener,  one  thousand  eight  hundred  dollars;  one  officer  in 
charge  of  records,  two  thousand  dollars;  one  superintendent  of  seed 
weighing  and  mailing,  two  thousand  dollars;  one  executive  clerk, 
two  thousand  two  hundred  and  fifty  dollars ;  two  executive  clerks, 
at  one  thousand  nine  hundred  and  eighty  dollars  each ;  three  executive 
assistants,  at  one  thousand  eight  hundred  dollars  each ;  one  assistant 
superintendent  of  seed  warehouse,  one  thousand  four  hundred  dol- 
lars; one  seed  inspector,  one  thousand  dollars;  six  clerks,  class  four; 
eleven  clerks,  class  three;  two  clerks  or  botanical  translators,  at  one 
thousand  five  hundred  dollars  each;  fifteen  clerks,  class  two;  thirty- 
nine  clerks,  class  one :  one  clerk,  one  thousand  one  hundred  and  forty 
dollars;  one  clerk,  one  thousand  and  eighty  dollars;  three  clerks,  at 
one  thousand  and  twenty  dollars  each;  twenty-six  clerks,  at  one 
thousand  dollars  each;  fifty-six  clerks,  at  nine  hundred  dollars  each; 
twenty-three  clerks,  at  eidit  hundred  and  forty  dollars  each;  thir- 
teen clerks,  at  seven  hundred  and  twenty  dollars  each ;  thirty-three 
messengers,  gardeners,  or  laborers,  at  seven  hundred  and  twenty  dol- 
lars each ;  eleven  messengers,  messenger  boys,  or  laborers,  at  six  hun- 
dred and  sixty  dollars  each;  fifteen  messengers,  messenger  boys,  or 
laborers,  at  six  hundred  dollars  each;  one  artist,  one  thousand  six 
hundred  and  twentv  dollars;  one  photographer,  one  thousand  one 
hundred  and  forty' dollars;  one  photographer,  one  thousand  and 
ei"-htv  dollars;  one  laboratory  aid,  one  thousand  four  hundred  and 

71G57— 13 6 


82  LAWS  APPLICABLE   TO   DEPARTMEXT   OF  AGRICULTURE. 

forty  dollars;  one  laboratory  aid,  one  thousand  three  hundred  and 
eightj^  dollars;  three  laboratory  aids,  at  one  thousand  two  hundred 
dollars  each;  one  laboratory  aid,  one  thousand  and  eighty  dollars; 
two  laboratory  aids,  at  one  thousand  and  twenty  dollars  each;  five 
laboratory  aids,  at  eight  hundred  and  forty  dollars  each;  six  labora- 
tory aids,  at  seven  hundred  and  twenty  dollars  each;  six  laboratory 
aids,  at  six  hundred  dollars  each;  one  laboratory  apprentice,  seven 
hundred  and  twenty  dollars;  one  map  tracer,  seven  hundred  and 
twenty  dollars;  one  map  tracer,  six  hundred  dollars;  one  gardener, 
one  thousand  four  hundred  and  forty  dollars;  two  gardeners,  at  one 
thousand  two  hundred  dollars  each;  one  gardener,  one  thousand  one 
hundred  dollars;  two  gardeners  or  assistants,  at  one  thousand  dollars 
each ;  seven  gardeners,  at  nine  hundred  dollars  each ;  four  gardeners, 
at  eight  hundred  and  forty  dollars  each;  four  gardeners,  at  seven 
hundred  and  eighty  dollars  each;  eight  gardeners,  at  seven  hundred 
and  twenty  dollars  each ;  five  gardeners,  at  six  hundred  and  sixty 
dollars  each ;  two  gardeners,  at  six  hundred  dollars  each ;  one  skilled 
laborer,  nine  hundred  dollare ;  four  skilled  laborers,  at  eight  hundred 
and  forty  dollars  each ;  one  mechanician,  one  thousand  three  hundred 
and  eighty  dollars;  one  mechanician^  one  thousand  two  hundred  and 
sixty  dollars;  one  mechanical  assistant,  one  thousand  two  hundred 
dollars;  one  mechanician,  nine  hundred  and  sixty  dollars;  one  mecha- 
nician, nine  hundred  dollars;  one  carpenter,  nine  hundred  dollars; 
one  painter,  seven  hundred  and  twenty  dollars;  one  teamster,  six 
hundred  dollars;  fifteen  laborers,  at  five  hundred  and  forty  dollars 
each;  twenty-four  laborers,  messengers,  or  messenger  boys,  at  four 
hundred  and  eighty  dollars  each;  five  laborers  or  chan\'omen,  at  four 
hundred  and  eighty  dollars  each;  two  laborers  or  charwomen,  at  three 
hundred  and  sixty  dollars  each;  two  laborers,  at  four  hundred  and 
twenty  dollars  each;  seven  charwomen,  at  two  hundred  and  forty 
dollars  each ;  seven  messenger  boys,  at  three  hundred  and  sixty  dol- 
lars each ;  four  messenger  boys,  at  three  hundred  dollars  each ;  in  all. 
three  hundred  and  seventy-nine  thousand  eight  hundred  and  twenty 
dollars. 

General  expenses,  Bureau  of  Plant  Industry:  For  all  necessary 
expenses  in  the  investigation  of  fruits,  fruit  trees,  grain,  cotton,  tobacco, 
vegetables,  grasses,  forage,  drug,  medicinal,  poisonous,  fiber,  and  otlier 
plants  find  plant  industries,  in  cooperation  with  other  branches  of  the 
department,  the  State  experiment  stations,  and  practical  farmers,  and 
for  the  erection  of  necessary  farm  buildings:  Pro  aided.,  That  the  cost 
of  any  building  erected  shall  not  exceed  one  thousand  five  hundred 
dollars:  for  field  and  station  expenses,  including  fences,  drains,  and 
other  farm  improvements:  And  provided^  further^  That  the  money 
already  appropriated  for  "  General  expenses.  Bureau  of  Plant  In- 
dustry, fiscal  year  nineteen  hundred  and  twelve,"  is  hereby  made 
svailable  for  the  erection  of  necessary  farm  buildings,  provided  the 
cost  of  any  building  erected  shall  not  exceed  one  thousand  five  hun- 
dred dollars;  and  for  field-station  expenses,  including  fences,  drains, 
and  other  farm  improvements;  for  repairs  in  the  District  of  Colum- 
bia and  elsewhere;  for  rent  outside  of  the  District  of  Columbia;  and 
for  the  employment  of  all  investigators,  local  and  special  agents, 
agricultural  explorers,  experts,  clerks,  illustrators,  assistants,  and  all 
labor  and  other  necessary  expenses  in  the  city  of  AVashington  and 


BUREAU   OF   PLANT   INDUSTRY.  83 

elsewhere  required  for  the  investigations,  t^xpernnents,  and  demon- 
strations herein  authorized,  as  follows: 

For  investigations  of  plant  diseases  and  pathological  collections 
twenty-five  thousand  dollars;  ' 

For  the  control  of  diseases  of  orchard  and  other  fruits,  forty  thou- 
sand six  hundred  and  seventy-five  dollars; 

For  the  control  of  diseases  of  forest  and  ornamental  trees  and 
shrubs,  twenty-nine  thousand  five  hundred  and  ten  dollars; 

For  the  control  of  diseases  of  cotton,  truck,  and  forage  crops  and 
related  plants,  twenty-two  thousand  dollars; 

For  investigating  the  physiology  of  crop  plants  and  for  testing  and 
breeding  varieties  thereof,  thirty  thousand  three  hundred  and  e'ighty 
dollars ;  '^ 

For  soil-bacteriology  and  plant-nutrition  investigations,  twenty- 
six  thousand  one  hundred  and  forty-five  dollars; 

For  acclimatization  and  adaptation  investigations  of  cotton,  corn, 
and  other  crops  introduced  from  tropical  regions,  and  for  the  im- 
provement of  cotton  by  cultural  methods,  breeding,  and  selection, 
thirty-three  thousand  three  hundred  dollars; 

For  drug  plant,  poisonous  plant,  tea  cu.lture,  and  general  physio- 
logical and  fermentation  investigations,  forty-six  thousand  nine  hun- 
dred and  thirty  dollars; 

For  crop  technological  and  fiber  plant  investigations,  ten  thou- 
sand and  ten  dollars; 

For  investigating  the  ginning,  handling,  grading,  baling,  and 
wrapping  of  cotton,  and  the  establishment  of  standards  for  the  dif- 
ferent grades  thereof,  and  for  carrying  into  effect  the  provisions  of 
law  relating  thereto,  twenty-six  thousand  dollars:  Provided,  That 
not  to  exceed  eight  thousand  dollars  of  this  amount  may  be  used  for 
the  purchase  of  spinning  machinery  in  order  to  conduct  the  necessary 
tests  in  connection  with  the  ginning,  handling,  and  grading  of  cotton; 

For  investigating  the  handling,  grading,  and  transportation  of 
grain,  and  the  fixing  of  definite  grades  thereof,  fifty-five  thousand 
six  hundred  and  forty  dollars; 

For  physical  investigations  in  connection  with  the  various  lines  of 
work  herein  authorized,  fifteen  thousand  six  hundred  and  fifty-five 
dollars ; 

To  collect,  purchase,  propagate,  test,  and  experiment  with  seeds 
of  interest  to  agi'iculture,  including  rare  new  seeds,  bulbs,  trees, 
shrubs,  vines,  cuttings,  and  plants,  fifty-two  thousand  four  hundred 
and  thirty  dollars,  of  which  amount  forty  thousand  dollars  shall  be 
used  for  the  purchase  and  distribution  of  drought-resistant  field 
seeds ; 

For  studying  and  testing  commercial  seeds,  including  the  testmg 
of  samples  of  seeds  of  grasses,  clover,  or  alfalfa  secured  in  the  ojDen 
market,  *  *  *  twenty-three  thousand  five  hundred  and  thirty 
dollars; 

The  portion  of  this  parnirrnph  here  oniittod.  rolntiiicr  to  the  piihlicntlon 
of  the  results  of  tests  where  seeds  are  fount!  aiUilterated  or  niishrande<l, 
and  the  names  of  persons  by  whom  they  were  offered  for  sale,  is  set  forth 
on  p.  77,  ante. 

For  the  investiiration  and  improvement  of  cereals  and  methods  of 
cereal  production,  and  the  study  of  cereal  diseases,  eighty  thousand 
seven  hundred  and  sixty-five  dollars ; 


84  LAWS  APPLICABLE   TO  DEPAETMENT   OF   AGRICULTURE. 

For  the  investigation  and  improvement  of  tobacco  and  the  meth- 
ods of  tobacco  production  and  handling,  twenty-six  thousand  six 
hundred  and  thirty  dollars; 

For  the  investigation  and  improvement  of  forage  crops  and  meth- 
ods of  forage-crop  production,  twenty  thousand  dollars; 

For  testing  and  breeding  fibrous  plants,  including  the  testing  of 
flax  straw,  in  cooperation  with  the  North  Dakota  Agricultural  Col- 
lege, which  may  be  used  for  paper  making,  tAvelve  thousand  five 
hundred  and  eighty  dollars; 

For  the  breeding  and  physiological  study  of  alkali-resistant  and 
drought-resistant  crops,  eighteen  thousand  one  hundred  and  forty 
dollars; 

For  the  investigation  and  improvement  of  sugar-producing  plants, 
including  their  utilization  and  culture,  thirtj'-five  thousand  seven 
hundred  and  ninety-five  dollars; 

For  taxonomic  investigations  and  the  study  of  methods  for  the 
improvement  of  grazing  lands,  twenty-one  thousand  nine  hundred 
and  thirty-dollars; 

To  investigate  and  encourage  the  adoption  of  improved  methods 
of  farm  management  and  farm  practice,  and  for  farm  demonstration 
work,  three  hundred  thousand  dollars:  Provided^  That  of  the  amount 
hereby  appropriated  the  sum  of  ten  thousand  dollars  may  be  used 
in  the  investigation  and  utilization  of  cacti  and  other  dry-land  plants 
as  food  for  stock ; 

For  farmers'  cooperative  demonstrations  and  for  the  study  and 
demonstration  of  the  best  methods  of  meeting  the  ravages  of  the 
cotton-boll  weevil,  three  hundred  and  thirty-two  thousand  nine  hun- 
dred and  sixty  dollars ; 

For  the  investigation  and  improvement  of  methods  of  crop  produc- 
tion under  semiarid  or  dry-land  conditions,  one  hundred  and  twenty- 
five  thousand  dollars:  Proinded,  liowcvei\  That  the  sum  of  fifty 
thousand  dollars  of  this  amount,  or  so  much  thereof  as  may  be  neces- 
sary, shall  be  used  for  the  purchase  of  land  and  equipment  and  the 
construction  of  buildings  necessary  to  establish,  equip,  and  maintain 
an  experimental  fann  in  the  northern  section  of  the  Great  Plains 
area  to  demonstrate  the  kind  and  character  of  plants,  shrubs,  trees, 
berries,  and  vegetables  best  adapted  to  the  climate  and  soil  of  the 
semiarid  lands  of  the  United  States:  Pi'omded  furtlici\  That  the 
limitation  in  this  Act  as  to  the  cost  of  farm  buildings  shall  not  apply 
to  this  paragraph ; 

For  studying  methods  of  clearing  off  "  logged-otf  "  lands  with  a 
view  to  their  utilization  for  agricultural  and  dairying  purposes;  for 
their  irrigation;  for  testing  powders  in  clearing  them;  and  for  the 
utilization  of  l)v-]:)roducts  arising  in  the  jirocess  of  clearing,  in  coop- 
eration with  the  States,  companies,  or  individuals,  or  otherwise,  five 
thousand  dollars; 

For  investigations  in  connection  with  western  irrigation  agricul- 
ture, the  utilization  of  lands  reclaimed  under  the  reclamation  Act, 
and  other  areas  in  the  arid  and  semiarid  regions,  sixty-nine  thousand 
six  hundred  dollars; 

For  the  investigation  and  improvement  of  fruits,  and  the  methods 
of  fruit  growing,  harvesting,  packing,  storing,  handling,  and  ship- 
ping, and  for  experimental  shipments  of  fruit<  within  the  United 


BUREAU   OF   PLANT  INDUSTRY.  85 

States  and  to  foreign  countries,  eighty-six  thousaiul  and  fifteen  dol- 
lars; 

To  cultivato  and  care  for  experimental  gardens  and  grounds 
manage  and  maintain  conservatories,  greenhouses,  and  plant  and' 
fruit  propagating  houses,  thirteen  thousand  and  ten  doUars; 

For  continuing  the  necessary  improvements  to  establish  and  main- 
tain a  general  experiment  farm  and  agricultural  station  on  the  Ar- 
lington estate,  in  the  State  of  Virginia,  in  accordance  with  the  pro- 
visions of  the  Act  of  Congress  approved  April  eighteenth,  nineteen 
hundred,  and  for  other  general  horticultural  investigations,  thirty- 
six  thousand  nine  hundred  and  twenty  dollars; 

For  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  investigation,  including  the  office  of  the  chief  of 
bureau,  the  assistant  chief  of  bureau,  the  chief  clerk,  the  officer  in 
charge  of  publications,  records,  supplies,  and  property,  and  for  mis- 
cellaneous expenses  incident  thereto,  thirty-six  thousand  live  hun- 
dred and  thirty  dollars; 

In  all,  for  general  expenses,  one  million  six  hundred  and  fifty-eight 
thousand  and  eighty  dollars. 

******* 

The  portion  of  this  act,  here  omitted,  relatinj?  to  the  purchase,  propa- 
gation, testing,  and  distribution  of  valuable  seeds,  etc.,  and  plants,  is  set 
forth  on  p.  75,  ante. 

Total  for  Bureau  of  Plant  Industry,  two  million  three  hundred 
and  twenty-three  thousand  five  hundred  and  eighty  dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  274. 

To  enable  the  Secretary  of  Agriculture  to  meet  the  emergency 
caused  by  the  continuous  spread  of  the  chestnut-bark  disease  by  con- 
tinuing the  study  of  the  nature  and  habits  of  the  parasitic  fungus 
causing  the  disease,  for  the  purpose  of  discovering  new  methods  of 
control,  and  by  putting  into  application  methods  of  control  already 
discovered,  eighty  thousand  dollars,  of  which  sum  thirty  thousand 
dollars  shall  be  immediately  available,  and  the  Secretary  of  Agricul- 
ture is  hereby  authorized  to  expend  said  appropriation  in  such  man- 
ner as  he  shall  deem  best,  in  cooperation  with  the  authorities  of  the 
States  concerned  or  with  individuals,  and  to  pay  all  necessary  ex- 
penses for  the  employment  of  investigators,  local  and  special  agents, 
experts,  assistants,  and  all  labor  and  other  necessary  expenses,  includ- 
ing rent,  in  the  District  of  Columbia  and  elsewhere,  as  may  be  re- 
quired: Provided,  That  of  this  sum  not  exceeding  ten  thousand 
dollars  shall  be  used  in  the  study  of  the  relation  of  insects  to  the 
chestnut-bark  disease. 

To  enable  the  Secretary  of  Agriculture  to  investigate  the  cultiva- 
tion, acclimating  and  development  of  the  most  nutritious  and  pro- 
ductive types  of  potatoes,  and  for  the  purpose  of  experimentation 
and  development  of  American  sugar-beet  seed  adapted  to  the  irri- 
gated lands  of  the  arid  West,  ten  thousand  dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  301. 

These  are  further  provisions  of  the  agricultural  appropriation  act  for 
the  fiscal  year  1913,  cited  above.  The  last  two  paragraphs  are  contained 
under  the  heading  "  Miscellaneous." 


L 


86  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTURE. 

FOREST    SERVICE. 

ACT  MARCH  2,  1901,  c.  805.     (31  Stat.  922.) 
Chief  of  bureau. 

*  *     *     One  forester,  who  shall  be  chief  of  bureau,     *     *     * 

Act.  March  2,  1901,  c.  805,  31  Stat.  929. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1902,  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fisc;\l  years.  The  provision  in  the  act 
for  the  fiscal  year  1913  is  set  forth  on  p.  173,  post.  Previous  to  the 
reorganization  of  the  Division  of  Forestry  into  the  Bureau  of  Forestry, 
by  a  provision  of  act  June  3,  1902,  c.  985,  set  forth  on  p.  11,  ante,  the 
agricultural  appropriation  acts,  for  the  fiscal  years  1895  to  1901,  in- 
clusive, contained  provisions  for  "  One  forester,  who  shall  be  chief  of 
division." 

ACT  JUNE  3,  1902,  c.  985:     (32  Stat.  286.) 

Establishment  of  Bureau  of  Forestry. 

All  existing  statutes  relating  to  the  Division  of  Forestry,  reorganized 
into  the  Bureau  of  Forestry,  not  otherwise  repealed,  are  continued  in 
effect  as  applying  to  the  bureau  into  which  the  division  is  reorganized, 
by  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the  fiscal 
year  1903,  cited  above,  set  forth  on  p.  11,  ante. 

ACT  FEBRUARY  1,  1905,  c.  288.  An  act  providing  for  the  transfer  of  forest 
reserves  from  the  Department  of  the  Interior  to  the  Department  of  Agri- 
culture.    (33  Stat.  628.) 

Secretary  of  Agriculture  to  execute  laws  affecting  forest  reserves;    exceptions. 

That  the  Secretary  of  the  Department  of  Agriculture  shall,  from 
and  after  the  passage  of  this  Act,  execute  or  cause  to  be  executed  all 
laws  affecting  public  lands  heretofore  or  hereafter  reserved  under  the 
provisions  of  section  twenty-four  of  the  Act  entitled  "An  Act  to 
repeal  the  timber-culture  laws,  and  for  other  purposes,"  approved 
March  third,  eighteen  hundred  and  ninety-one,  and  Acts  supple- 
mental to  and  amendatory  thereof,  after  such  lands  have  been  so 
reserved,  excepting  such  laws  as  affect  the  surveying,  prospecting, 
locating,  appropriating,  entering,  relinquishing,  reconve3'ing,  certify- 
ing, or  patenting  of  any  of  such  lands. 

Act  February  1.  1905,  c.  288,  s.  1.  33  Stat.  628.  ^ 

Act  March  3.  1891,  c.  561,  s.  24.  mentioned  in  this  section,  is  set  forth 
below. 

ACT  MARCH  3.  1899.  c.  424.      (30  Stat.  1074.) 
Establishment  of  boundaries  of  forest  reservations. 

*  *  *  That  hereafter  all  standard,  meander,  township,  and  sec- 
tion lines  of  the  public  land  surveys  shall,  as  heretofore,  be  estab- 
lished under  the  direction  and  supervision  of  the  Commissioner  of 
the  Cleneral  Land  Oilice,  whether  the  lands  to  be  surveyed  are  within 
or  without  reservations,  except  that  where  the  exterior  boundaries  of 
public  forest  reservations  are  required  to  be  coincident  with  standard, 
township,  or  section  lines  such  boundaries  may,  if  not  previously 
established  in  the  ordinary  course  of  the  public  land  survej^s,  be 
established  and  nuirked  under  the  supervision  of  the  Director  of  the 
United  States  Geological  Survey  whenever  necessary  to  complete  the 
survey  of  such  exterior  boundaries. 

Act  March  3,  1S99,  c.  424.  30  Stat.  1097. 

This  is  a  i)rov5so  annexed  to  the  sundry  civil  appropriation  act  for  the 
fiscal  year  1900,  cited  above. 


FOREST  SERVICE.  87 

ACT  MARCH  3,  1891,  c.  561.     (26  Stat.  1095.) 
Establishment  of  forest  reservations. 

Sec.  24.  That  the  President  of  the  United  States  may,  from  time 
to  time,  set  apart  and  reserve,  in  any  State  or  Territory  havin"-  public 
hind  bearing  forests,  in  any  part  of  the  public  lands  wholly  or  in 
part  covered  with  timber  or  undergrowth,  Avhother  of  commercial 
value  or  not,  as  public  reservations,  and  the  President  shall,  by  public 
proclamation,  declare  the  establishment  of  such  reservations 'and  the 
limits  thereof. 

Act  March  3,  ISOl,  c.  561.  s.  24,  20  Stat.  1103. 

This  section  is  a  portion  of  "An  act  to  repeal  timber-culture  laws,  and 
for  other  purposes,"  cited  above. 

ACT  MARCH  4,  1907,  c.  2907.      (34  Stat.  1256.) 
Forest  reserves  to  be  known  as  national  forests. 

*  *  *  forest  reserves  *  *  *  shall  be  known  hereafter  as 
national  forests     *     *     * 

Act  March  4,  1907,  c.  2907,  34  Stat.  1269.  * 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1908,  cited  above. 

ACT  JUNE  4,  1897,  c.  2.     (30  Stat.  11.) 

Revocation,  modification,  or  suspension  of  Executive  orders  establishing  forest 
reservations;   orders  setting  aside  lands  in  certain  States,  suspended. 

*  *  *  That,  to  remove  any  doubt  which  may  exist  pertaining  to 
the  authority  of  the  President  thereunto  [public  lands  that  may  have 
been  or  may  hereafter  be  designated  as  forest  reserves  by  Executive 
proclamation,  under  section  twenty-four  of  the  Act  of  Congress 
approved  iMarch  third,  eighteen  hundred  and  ninety-one,  entitled 
"An  Act  to  repeal  timber-culture  laws,  and  for  other  purposes,""],  the 
President  of  the  United  States  is  hereby  authorized  and  empowered 
to  revoke,  modify,  or  suspend  any  and  all  such  Executive  orders  and 
proclamations,  or  any  part  thereof,  from  time  to  time  as  he  shall 
deem  best  for  the  public  interests:  Provided^  That  the  Executive 
orders  and  proclamations  dated  February  twenty-second,  eighteen 
hundred  and  ninety-seven,  setting  apart  and  reserving  certain  lands 
in  the  States  of  Wj^oming,  Utah.  Montana,  Washington.  Idaho,  and 
South  Dakota  as  forest  reservations,  be.  and  they  are  hereby,  sus- 
pended, and  the  lands  embraced  therein  restored  to  the  public 
domain  the  same  as  though  said  orders  and  proclamations  had  not 
been  issued:  Provided  further.  That  lands  embraced  in  said  reserva- 
tions not  otherwise  disposed  of  before  March  first,  eighteen  hundred 
and  ninety-eight,  shall  again  become  subject  to  the  operations  of  said 
orders  and  proclamations  as  now  existing  or  hereafter  modified  by 
the  President. 

Act  June  4.  1S97,  c.  2.  s.  1,  30  Stat.  34. 

These  are  provisos  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  189S,  cited  above.  ,        ,...,., 

The  provisions  of  act  March  3,  ISOl.  c.  561,  s.  24,  referral  to  in  this 
paragraph,  are  set  forth  above. 

By  a  provision  of  act  March  4,  1907,  c.  2007,  set  forth  on  p.  91,  post, 
no  forest  reserve  sh;ill  be  created  nor  additions  made  to  existing  forest 
reserves,  within  the  States  of  Oregon,  Wyoming,  Idaho,  Montana,  Colo- 
rado, or  Wyoming,  except  by  act  of  Congress. 


88  LAWS  APPLICABLE   TO   DEPAETMENT   OF   AGEICULTUKE. 

Purposes  for  which  forest  reserves  may  he  administered  and  established. 

All  public  lands  heretofore  designated  and  reserved  by  the  Presi- 
dent of  the  United  States  under  the  provisions  of  the  Act  approved 
March  third,  eighteen  hundred  and  ninet3'-one,  the  orders  for  which 
shall  be  and  remain  in  full  force  and  effect,  unsuspended  and  unre- 
voked, and  all  public  lands  that  may  hereafter  be  set  aside  and  re- 
served as  jDublic  forest  reserves  under  said  Act,  shall  be  as  far  as  prac- 
ticable controlled  and  administered  in  accordance  with  the  following 
provisions : 

No  public  forest  reservation  shall  be  established,  except  to  improve 
and  protect  the  forest  within  the  reservation,  or  for  the  purpose  of 
securing  favorable  conditions  of  water  flows,  and  to  furnish  a  con- 
tinuous supply  of  timber  for  the  use  and  necessities  of  citizens  of  the 
United  States;  but  it  is  not  the  purpose  or  intent  of  these  provisions, 
or  of  the  Act  providing  for  such  reservations,  to  authorize  the  inclu- 
sion therein  of  lands  more  valuable  for  the  mineral  therein,  or  for 
agricultural  purposes,  than  for  forest  purposes. 

Protection  of  forest  reserves;  rules  and  regulations  therefor. 

The  Secretary  of  the  Interior  shall  make  provisions  for  the  pro- 
tection against  destruction  by  fire  and  depredations  upon  the  public 
forests  and  forest  reservations  which  may  have  been  set  aside  or  which 
may  be  hereafter  set  aside  under  the  said  Act  of  March  third,  eighteen 
hundred  and  ninety-one,  and  which  may  be  continued;  and  he  may 
make  such  rules  and  regulations  and  establish  such  service  as  will 
insure  the  objects  of  such  reservations,  namely,  to  regulate  their 
occupancy  and  use  and  to  preserve  the  forests  thereon  from  destruc- 
tion; and  any  violation  of  the  provisions  of  this  Act  or  such  rules  and 
regulations  shall  be  punished  as  is  provided  for  in  the  xVct  of  June 
fourth,  eighteen  hundred  and  eighty-eight,  amending  section  fifty- 
three  hundred  and  eighty-eight  of  the  Eevised  Statutes  of  the  United 
States. 

Act  Jime  4,  1897,  c.  2,  s.  1,  30  Stat.  34. 

These  are  further  provisions  of  the  sundry  civil  appropriation  act  for 
the  fiscal  year  1S98,  cited  above. 

The  provisions  of  act  March  3,  1S91,  c.  561,  s.  24,  referred  to  above,  are 
set  forth  above. 

The  provisions  of  Rev.  St.  sec.  538S,  as  amended  by  act  June  4,  ISSS, 
c.  340,  25  Stat.  16G,  mentioned  above,  are  incorporated  in  "An  act  to 
codify,  revise,  and  amend  the  penal  laws  of  the  United  States,"  act  March 
4,  1909,  c.  321,  s.  50,  set  forth  on  p.  105,  post.  Said  Rev.  St.  sec.  5388  and 
said  act  June  4,  1888,  are  expressly  repealed  by  section  341  of  said  act 
March  4,  1909. 

The  Secretary  of  Agriculture  shall  execute  all  laws  affecting  public 
lands  reserved  under  the  provisions  of  act  March  3,  1891,  c.  561.  s.  24, 
except  such  laws  as  affect  the  surveying,  prospecting,  locating,  entering, 
etc.,  and  i)atenting  of  such  lands,  by  the  provisions  of  "An  act  providing 
for  the  transfer  of  forest  reserves  from  the  Department  of  the  Interior 
to  the  Department  of  Agriculture,"  act  February  1,  1905,  c.  2SS,  s.  1,  set 
forth  on  p.  86,  ante. 

Sale  of  timber  on  forest  reservations. 

For  the  purpose  of  preserving  the  living  and  growing  timber  and 
promoting  the  younger  growth  on  forest  reservations,  tlie  Secretary 
of  the  Interior,  under  such  rules  and  regulations  as  he  shall  prescribe, 
may  cause  to  be  designated  and  appraised  so  much  of  the  dead, 
matured,  or  large  growth  of  trees  found  upon  such  forest  reserva- 


FOREST   SERVICE.  89 

tions  as  may  be  compatible  with  tlie  utilization  of  the  forests  thereon, 
and  may  sell  the  same  for  not  less  than  the  appraised  value  in  such 
quantities  to  each  purchaser  as  he  shall  prescribe,  .to  be  used  in  the 
State  or  Territory  in  which  such  timber  reservation  may  be  situated, 
respectively,  but  not  for  export  therefrom.     Before  such  sale  shall 
take  place  notice  thereof  shall  be  ^ivcn  by  the  Commissioner  of  the 
General  Land  Office,  for  not  less  than  thirty  days,  by  publication  in 
one  or  more  newspapers  of  general  circulation,  as  he  may  deem 
necessary,  in  the  State  or  Territory  where  such  reservation  exi^^ts: 
Provided^  hoicecer,  That  in  cases  of  unusual  emergency  the  Secretary 
of  the  Interior  may,  in  the  exercise  of  his  discretion,  ipcrmit  the 
purchase  of  timber  and  cord  wood  in  advance  of  advertisement  of 
sale  at  rates  of  value  approved  by  him  and  subject  to  payment  of 
the  full  amount  of  the  highest  bid  resulting  from  the  usual  advertise- 
ment of  sale:  Provided  further,  That  he  may,  in  his  discretion,  sell 
without  advertisement,  in  quantities  to  suit  applicants,  at  a  fair 
appraisement,  timber  and  cord  wood  not  exceeding  in  value  one  hun- 
dred dollars  stumpage :  And  provided  further,  That  in  cases  in  which 
advertisement  is  had  and  no  satisfactory  bid  is  received,  or  in  cases 
in  which  the  bidder  fails  to  complete  the  purchase,  the  timber  may  be 
sold,  without  further  advertisement,  at  private  sale,  in  the  discretion 
of  the  Secretary  of  the  Interior,  at  not  less  than  the  appraised 
valuation,  in  quantities  to  suit  purchasers:  And  provided  further, 
That  the  provisions  of  this  Act  shall  not  apply  to  existing  forest 
reservations  in  the  State  of  California,  or  to  reservations  that  may 
be  hereafter  created  within  said  State;  pavments  for  such  timber  to 
be  made  to  the  receiver  of  the  local  land  office  of  the  district  wherein 
said  timber  may  be  sold,  under  such  rules  and  regulations  as  the 
Secretary  of  the  Interior  may  prescribe ;  and  the  moneys  arising  there- 
from shall  be  accounted  for  by  the  receiver  of  such  land  olKce  to  the 
Commissioner  of  the  General  Land  Office,  in  a  separate  account,  and 
shall  be  covered  into  the  Treasury.     Such  timber  before  being  sold, 
shall  be  marked  and  designated,  and  shall  be  cut  and  removed  under 
the  supervision  of  some  person  appointed  for  that  purpose  by  the 
Secretary  of  the  Interior,  not  interested  in  the  purchase  or  removal 
of  such  timber  nor  in  the  employment  of  the  purchaser  thereof.     Such 
supervisor  shall  make  report  in  writing  to  the  Commissioner  of  the 
General  Land  Office  and  to  the  receiver  in  the  land  office  in  which 
such  reservation  shall  be  located  of  his  doings  in  the  premises. 

Act  June  4,  1897,  c.  2,  s.  1,  30  Stat.  35. 

These  are  further  provisions  of  the  sundry  civil  appropriation  act  for 
the  fiscal  year  1S98,  citecl  above,  as  amended  by  act  June  6,  1900,  c.  804, 
31  Stat.  661.  ^     ^  „ 

The  proviso  of  this  paragraph  that  the  provisions  of  this  act  shall 
not  apply  to  forest  reservations  in  California,  is  superseded  by  a 
provision  of  act  June  30,  1906,  c.  3913,  set  forth  on  p.  92.  po.s7,  that  sales 
of  timber  on  forest  reserves  in  the  State  of  California  shall  in  every  re- 
spect conform  to  the  provisions  of  act  June  6,  1900,  c.  804,  31  Stat  661, 
amending  this  paragraph,  here  set  forth  as  amended. 

See  note  under  the  preceding  paragraph  relating  to  the  execution  or 

laws  affecting  forest  reservations,  by  the  Secretary  of  .Agriculture. 

Use  of  timber  and  stone  on  forest  reservations,  by  settlers,  miners,  residents, 

and  prospectors. 

The  Secretary  of  the  Interior  may  permit,  under  regulations  to 

be  prescribed  by  him,  the  use  of  timber  and  stone  found  upon  such 


90  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

reservations,  free  of  charge,  by  bona  fide  settlers,  miners,  residents, 
and  prospectors  for  minerals,  for  firewood,  fencing,  buildings,  min- 
ing, prospecting,  and  other  domestic  purposes,  as  may  be  needed  by 
such  persons  for  such  purposes;  such  timber  to  be  used  within  the 
State  or  Territory,  respectively,  where  such  reservations  may  be 
located. 

Egress  or  ingress  to  actual  settlers  in  forest  reservations;  prospecting,  locating, 
and  developing  mineral  resources. 

Xothing  herein  shall  be  construed  as  prohibiting  the  egress  or 
ingress  of  actual  settlers  residing  within  the  boundaries  of  such  res- 
ervations, or  from  crossing  the  same  to  and  from  their  property  or 
homes:  and  such  Avagcn  r<iads  and  other  improvements  may  be  con- 
structed thereon  as  may  be  necessarj'  to  reach  their  homes  and  to 
utilize  their  property  under  such  rules  and  regidations  as  may  be 
prescribed  by  the  Secretary  of  the  Interior.  Xor  shall  anytliing 
herein  prohibit  any  person  from  entering  upon  such  forest  reserva- 
tions for  all  proper  and  lawful  purjDOses,  including  that  of  prospect- 
ing, locating,  and  developing  the  mineral  resources  thereof:  Pro- 
vided^ That  such  persons  complj'  with  the  rules  and  regulations  cov- 
ering such  forest  reservations. 

Act  June  4.  1S97,  c.  2,  s.  1.  30  Stat.  35. 

These  are  further  provisions  of  the  sundry  civil  appropriation  act  for 
the  fiscal  yenr  1S9S,  cited  above. 

Act  February  20,  3800,  c.  28.  29  Stat.  11.  provides  that  certain  forest 
reservations  in  the  State  of  Colorado  shall  be  open  to  the  location  of 
mininjur  claims  for  certain  metals,  and  authorizes  owners  of  such  claims 
to  fell  and  remove  therefrom  timber  for  mining  purposes. 

See  note  under  the  fourth  paragraph  of  this  act  as  here  set  forth,  relat- 
ing to  the  execution  of  laws  aft'ectiug  fore.st  reservations  by  the  Secretary 
of  xigriculture. 

Selection  of  land  in  lieu  of  land  in  forest  reservations. 

That  in  cases  in  which  a  tract  covered  by  an  unperfected  bona  fide 
claim  or  by  a  patent  is  included  within  the  limits  of  a  public  forest 
reservation,  the  settler  or  owner  thereof  maj',  if  he  desires  to  do  so, 
relinquish  the  tract  to  the  Government,  and  may  select  in  lieu  thereof 
a  tract  of  vacant  land  open  to  settlement  not  exceeding  in  area  the 
tract  covered  by  his  claim  or  patent;  and  no  charge  shall  be  made 
in  such  cases  for  making  tlie  entr}'  of  record  or  issuing  the  patent  to 
cover  the  tract  selected:  Provided  further^  That  in  cases  of  unper- 
fected claims  the  requirements  of  the  laws  respecting  settlement,  resi- 
dence, improvements,  and  so  forth,  are  complied  with  on  the  new 
claims,  credit  being  allowed  for  the  time  spent  on  the  relinquished 
claims. 

Act  June  4,  1897,  c.  2,  s.  1.  30  Stat.  36. 

These  are  further  provisions  of  the  sundry  civil  appropriation  act  for 
the  fiscal  year  1898,  cited  above. 

The  provisions  of  this  paragraph  for  sele<^tion  of  lands  in  lieu  of  tracts 
covered  by  an  uuiiei-focled  bona  lide  claim  or  patent  within  a  forest 
reservation,  are  confined  to  vacant,  surveyed,  non-mineral  public  lands 
subject  to  homestead  entry,  by  provisions  of  act  March  .3.  1901,  c.  831, 
set  forth  on  p.  90,  post,  and  also  act  June  6,  1900.  c.  791.  31  Stat.  614. 
The  above  in-ovisious  of  this  act  and  the  .said  jn'ovisions  of  act  June  6, 
1900,  and  act  March  3,  1901,  are  expressly  repealed  by  provisions  of  act 
March  3.  IfKJS,  c.  1495,  set  forth  on  p.  96,  post,  except  as  to  selections 
theretofore  made. 


FOREST   SERVICE.  91 

Sites  for  schools  and  churches  in  forest  reservations. 

The  settlers  residin<^  within  the  exterior  boundaries  of  such  forest 
reservations,  or  in  the  vicinity  thereof,  may  maintain  schools  and 
churches  within  such  reservation,  and  for  that  purpos^e  may  occupy 
any  part  of  the  said  forest  reservation,  not  exceeding  two  acres  tor 
each  schoolhouse  and  one  acre  for  a  church. 

Civil  and  criminal  jurisdiction  over  persons  within  forest  reservations. 

The  jurisdiction,  both  civil  and  criminal,  over  persons  within  such 
reservations  shall  not  be  atfected  or  changed  by  reason  of  the  exi-tence 
of  such  reservations,  except  so  far  as  the  punishment  of  offenses 
against  the  United  States  therein  is  concerned;  the  intent  and  mean- 
ing of  this  provision  being  that  the  State  wherein  anj^  such  reservation 
IS  situated  shall  not,  by  reason  of  the  establishment  thereof,  lose  its 
jurisdiction,  nor  the  inhabitants  thereof  their  rights  and  privileges  as 
citizens,  or  be  absolved  from  their  duties  as  citizens  of  the  State. 

TTse  of  waters  on  forest  reservations. 

All  waters  on  such  reservations  may  be  used  for  domestic,  mining, 
milling,  or  irrigation  purposes,  under  the  laws  of  the  State  wherein 
such  forest  reservations  are  situated,  or  under  the  laws  of  the  United 
States  and  the  rules  and  regulations  established  thereunder. 

Restoration  of  mineral  or  agricultural  lands  within  forest  reservations  to  public 
domain. 

Upon  the  recommendation  of  the  Secretary  of  the  Interior,  with  the 
approval  of  the  President,  after  sixty  days'  notice  thereof,  published 
in  two  papers  of  general  circulation  in  the  State  or  Territory  wherein 
any  forest  reservation  is  situated,  and  near  the  said  reservation,  any 
public  lands  embraced  within  the  limits  of  any  forest  reservation 
which,  after  due  examination  b}^  jDersonal  inspection  of  a  competent 
person  appointed  for  that  purpose  by  the  Secretary  of  the  Interior, 
shall  be  found  better  adapted  for  mining  or  for  agricultural  purposes 
than  for  forest  usage,  may  be  restored  to  the  public  domain.  And 
any  mineral  lands  in  any  forest  reservation  which  have  been  or  which 
may  be  shown  to  be  such,  and  subject  to  entry  under  the  existing 
mining  laws  of  the  United  States  and  the  rules  and  regulations  apply- 
ing thereto,  shall  continue  to  be  subject  to  such  location  and  entry, 
notwithstanding  any  provisions  herein  contained. 
Modification  and  vacation  of  orders  establishing  forest  reservations. 

The  President  is  hereby  authorized  at  any  time  to  modify  any  Ex- 
ecutive order  that  has  been  or  may  hereafter  be  made  establishing  any 
forest  reserve,  and  by  such  modification  may  reduce  the  area  or  change 
the  boundary  lines  of  such  reserve,  or  may  vacate  altogether  any  order 
creating  such  reserve. 

Act  June  4.  1S97,  c.  2,  s.  1,  30  Stat.  36. 

These  are  further  provisions  of  the  sundry  civil  approprmtiou  act  for 
the  fiscal  year  1S9S,  cited  above. 

ACT  MARCH  4,  1907,  c.  2907.     (34  Stat.  1256.) 

Establishment  of,  or  additions  to,  forest  reserves  in  Oregon,  Washington,  Idaho, 
Montana,  Colorado,  or  Wyoming,  prohibited  except  by  act  of  Congress. 

*  *  *  That  hereafter  no  forest  reserve  shall  be  created,  nor 
shall  any  additions  be  made  to  one  heretofore  created  withwi  the 


92  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTUEE. 

limits  of  the  States  of  Oregon,  "Washington,  Idaho,  Montana,  Colo- 
rado, or  Wyoming,  except  by  Act  of  Congress. 

Act  March  4,  1907,  c.  2907,  34  Stat.  1271. 

This  is  a  proviso  annexed  to  the  appropriation  for  administration,  etc., 
of  the  national  forests  in  the  agricultural  appropriation  act  for  the  fiscal 
year  1908.  A  proviso  in  the  same  words  was  annexed  to  section  2,  act 
June  25,  1910,  c.  421,  and  the  word  "  California  "  is  added  by  act  August 
24,  1912,  c.  3G9.  amending  said  act  June  25,  1910,  c.  421,  s.  2.  Said  act 
June  25,  1910,  c.  421,  s.  2,  as  amended  by  said  act  August  24,  1912,  is  set 
forth  on  p.  97,  post. 

ACT  JUNE  30  1906,  c.  3913.     (34  Stat.  669.) 

Permission  to  remove  timber  and  other  forest  products  from  national  forests. 

*  *  *  hereafter  sales  of  timber  on  forest  reserves  in  the  State  of 
California  shall  in  every  respect  conform  to  the  law  governing  such 
sales  in  other  States,  as  set  forth  in  the  act  of  June  sixth,  nineteen 
hundred  (Thirty-first  Statutes  at  Large,  page  six  hundred  and  sixty- 
one)  J     *     *     * 

Act  June  30,  1906,  c.  3013,  34  Stat.  684. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1907,  cited  above. 

Act  June  G,  1900,  c.  804,  31  Stat.  661,  mentioned  in  this  provision,  ex- 
pressly amends  act  June  4,  1897,  c.  2,  s.  1,  and  the  provisions  of  that  act, 
as  amended,  are  set  forth  on  p.  88,  ante.  By  a  proviso  annexed  to  said 
act  June  0,  1900.  the  provisions  of  said  act  June  4,  1897,  as  amended 
thereby,  were  made  inaxjplicable  to  forest  reservations  in  the  State  of 
California. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Permission  to  remove  timber  and  other  forest  products  from  national  forests. 

*  *  *  the  Secretary  of  Agriculture  may,  in  his  discretion,  per- 
mit timber  and  other  forest  products  cut  or  removed  from  the  national 
forests,  except  the  Black  Hills  and  Harney  National  Forests  in  South 
Dakota,  to  be  exported  from  the  State,  Territory,  or  the  District  of 
Alaska  in  which  said  forests  are  respectively  situated:  Provided, 
That  the  exportation  of  dead  and  insect-infested  timber  only  from 
said  Black  Hills  and  Harney  National  Forests  shall  be  allowed  until 
such  time  as  the  Forester  shall  certify  that  the  ravages  of  the  destruc- 
tive insects  in  said  forests  are  practically  checked,  but  in  no  case  after 
July  first,  nineteen  hundred  and  fourteen  •     *     *     * 

Act  August  10,  3912,  c.  284.  37  St:it.  280. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above.  Similar  provisions  are  contained  in  the  similar 
acts  for  previous  fiscal  years  beginning  with  1906. 

Sale  of  mature,  dead,  and  down  timber  in  national  forests. 

*  *  *  That  the  Secretary  of  Agricidture,  under  such  niles  and 
regulations  as  he  shall  establish,  is  hereby  authorized  and  directed 
to  sell  at  actual  cost,  to  homestead  settlers  and  farmers,  for  their 
domestic  use,  the  mature,  dead,  and  down  timber  in  national  forests, 
but  it  is  not  the  intent  of  this  provision  to  restrict  the  authority  or 
the  Secretary  of  Agriculture  to  permit  the  free  use  of  timber  as  pro- 
vided in  the  Act  or  June  fourth,  eighteen  hundred  and  ninety-seven. 

Act  August  10,  1912,  c.  2,84,  37  Stat.  287. 

This  is  a  provision  of  the  airi  iriiltnral  approjiriation  act  for  the  fiscal 
year  1913,  cited  above. 


FOREST   SERVICE.  93 

ACT  MARCH  3,  1911,  c.  210.      (36  Stat.  1058.) 

Forest  Service  to  designate  certain  timber  for  removal  on  the  Menominee  In- 
dian  Reservation. 

Sec.  20.  That  upon  tlie  passajie  of  this  Act  the  Secretary  of  the 
Interior  be,  and  he  hereby  is,  authorized  and  directed  to  cause  to  be 
cut  and  manufactured  into  lumber  the  dead  and  down  timber  now 
upon  the  Menominee  Indian  Reservation  in  the  State  of  Wisconsin 
too:ether  with  such  ^reen  timber  as  may  be  necessary  to  cut  in  order 
to  economically  lo":  the  dead  and  down  timber,  sucli  green  timber  to 
be  designated  and  marked  by  the  Forestry  Service.  *  *  *  Xhe 
total  amount  of  green  and  dead  and  down  timber  which  shall  be 
logged  under  the  provisions  of  this  section  and  the  provisions  of  said 
Act  of  March  twenty-eighth,  nineteen  hundred  and  eight,  shall  not 
exceed  forty  million  feet  unless  the  Forestry  Service  shall  certify 
to  the  Secretary  of  the  Interior  that  it  is  necessary,  to  save  waste  and 
loss  on  dead  and  down  timber,  that  a  greater  amount  of  such  dead 
and  down  timber  shall  be  cut;  in  making  such  certification  the  For- 
estry Service  shall  designate  the  additional  dead  and  down  timber 
it  deems  necessary  to  cut     *     *     * 

Act  March  3,  1911,  c.  210,  s.  26.  36  Stat.  1076. 

These  are  iirovlsious  of  the  Indiau  appropriatiou  act  for  the  fiscal 
year  1912,  cited  ahove. 

ACT  FEBRUARY  1,  1905,  c.  288.      (33  Stat.  628.) 
Export  of  pulp  wood  or  wood  pulp  from  Alaska. 

Sec.  2.  That  pulp  wood  or  wood  pulp  manufactured  from  timber 
in  the  district  of  Alaska  may  be  exported  therefrom. 

Act  February  1,  1905,  c.  288,  s.  2,  33  Stat.  628. 

This  is  a  section  of  an  act  entitled  "An  act  providing  for  the  transfer 
of  forest  reserves  from  the  Department  of  the  Interior  to  the  Department 
of  Agriculture,"  cited  above. 

Forest  reserve  special  fund  from  money  received  from  sale  of  products  or  us©> 
of  land  or  resources  of  forest  reserves. 

Sec.  5.  That  all  money  received  from  the  sale  of  any  products  or 

the  use  of  any  land  or  resources   of  said    forest   reserves   shall    be 

covered  into  the  Treasury  of  the  United  States  and  for  a  period  of 

five  years  from  the  passage  of  this  Act  shall  constitute  a  special  fund 

available,  until  expended,  as  the  Secretary  of  Agriculture  may  direct, 

for  the  protection,  administration,  improvement,  and  extension  of 

Federal  forest  reserves. 

Act  February  1,  1905,  c.  288.  s.  5,  33  Stat.  628. 

This  is  a  section  of  an  act  entitled  "An  act  providing  for  the  transfer 
of  forest  reserves  from  the  Department  of  the  Interior  to  the  Department 
of  Agriculture,"  cited  above. 

The  special  fund  provided  for  in  this  section  for  a  period  of  five  years 
was  continued  until  otherwise  provided,  and  the  expenditure  thereof  was 
regulated  by  provisions  of  act  June  30.  1906.  c.  3913,  set  forth  below. 
All  of  these" provisions  are  superseded  by  provisions  of  act  March  4.  190(, 
c.  2907,  set  forth  below,  and  the  provisions  of  that  act  are  amended  by 
provisions  of  act  March  4,  1911,  c.  238,  set  forth  below. 

ACT  JUNE  30,  1906,  c.  3913.     (34  Stat.  669.) 

Forest  reserve  special  fund  from  money  received  from  s.ile  of  products  or  use 

of  land  or  resources  of  forest  reserves,  continued;   expenditures  to  be  suD- 

mitted  in  annual  Book  of  Estimates. 
That  the  forest-reserve  special  fund  provided  for  in  section  five  of 
the  Act  approved  Februarys  first,  nineteen  hundred  and  five,  entitled 


94  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTURE. 

"An  Act  providing  for  the  transfer  of  forest  reserves  from  the  De- 
partment of  the  Interior  to  the  Department  of  Agriculture,"  shall 
continue  until  otherwise  provided  by  law;  but  after  June  thirtieth, 
nineteen  hundred  and  eight,  it  shall  not  be  expended  except  in  accord- 
ance with  specific  estimates  of  expenditures  to  be  made  from  said  fund 
for  the  succeeding  fiscal  j^ear,  to  be  submitted  by  the  Secretary  of 
Agriculture  with  the  estimates  of  approj^riation  in  the  annual  Book 
of  Estimates. 

Act  June  30,  1906,  c.  3913,  34  Stat.  684. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1907,  cited  above. 

Act  February  1,  1905,  c.  288,  s.  5,  mentioned  in  this  paragraph,  is  set 
forth  above. 

Provisions  for  the  disposition  of  all  money  received  after  July  1,  1907, 
by  or  on  account  of  the  Forest  Service  for  timber,  or  from  any  other 
source  of  forest  reservation  revenue,  contained  in  act  March  4,  1907,  c. 
2907,  are  set  forth  below. 

Disposal  of  moneys  received  as  deposits  to  secure  the  purchase  price  on  the 
sale  of  products  or  use  of  land  or  resources  of  forest  reserves;  refunds  to 
depositors  of  excess  deposited. 

*  *  *  hereafter  all  moneys  received  as  deposits  to  secure  the 
purchase  price  on  the  sale  of  any  products  or  the  use  of  any  land  or 
resources  of  the  forest  reserves  shall  be  covered  into  the  Treasury  in 
the  manner  provided  by  section  five  of  the  Act  of  Congress  approved 
February  first,  nineteen  hundred  and  five,  entitled  "An  Act  providing 
for  the  transfer  of  forest  reserves  from  the  Department  of  the  Interior 
to  the  Department  of  Agriculture,"  and  the  fund  created  by  that  Act 
shall  be  available,  as  the  Secretary  of  Agriculture  may  direct,  to  make 
refunds  to  depositors  of  money  heretofore  or  hereafter  deposited  by 
them  in  excess  of  amounts  actually  due  to  the  United  States;    *    *    * 

Act  June  30,  190G,  c.  3913,  34  Stat.  684. 

These  are  further  provisions  of  the  agricultural  appropriation  act  for 
the  fiscal  year  1907,  cited  above. 
,  Act  February  1,  1905,  c.  288,  s.  5,  mentioned  above,  is  set  forth  above. 

These  provisions  are  superseded  by  provisions  for  the  disposition  of 
all  money  received  after  July  1,  1907.  by  or  on  account  of  the  Forest 
Service  for  timber,  or  from  any  other  source  of  forest  reservation  reve- 
nue, contained  in  act  March  4,  1907,  c.  2907,  set  forth  below,  and  the 
provisions  of  that  act  are  amended  by  provisions  of  act  March  4,  1911,  c. 
238,  set  forth  bolow. 

Disposal  of  contributions  toward  cooperative  work  in  forest  investigations. 

*  *  *  hereafter  all  moneys  received  as  contributions  toward 
cooperative  work  in  forest  investigations  shall  be  covered  into  the 
Treasury  and  shall  constitute  a  special  fund,  which  is  hereby  appro- 
priated and  made  available  until  expended,  as  the  Secretary  of 
Agriculture  may  direct,  for  the  payment  of  the  expenses  of  said  in- 
vestigations by  the  Forest  Service  and  for  refunds  to  the  contribu- 
tors of  amounts  heretofore  or  hereafter  paid  in  b}^  them  in  excess  of 
their  share  of  the  cost  of  said  investigations,    *    *    * 

Act.  June  30.  1906,  c.  3913,  34  Stat.  684. 

Tlu'.'^i'  are  fuillier  jirovlsions  of  the  agricultural  appropriation  act  for 
the  fiscal  year  1907,  cited  above. 

ACT  MARCH  4,  1907,  c.  2907.     (34  Stat.  1256.) 

Disposal  of  money  received  by  or  on  account  of  Forest  Service  for  timber,  or 
from  other  source  of  forest  reservation  revenue;  refunds  to  depositors  of 
excess   deposited. 

*  *  *  That  all  money  received  after  July  first,  nineteen  hun- 
dred and  seven,  by  or  on  account  of  the  forest  service  for  timber,  or 


FOREST   SERVICE.  95 

from  any  other  source  of  forest  reservation  revenue,  shall  Ix*  covered 
into  the  Treasury  of  the  United  States  as  a  miscellaneous  receipt  and 
there  is  hereb}'  appropriated  and  made  available  as  the  Secretary  of 
A^^riculture  niay  direct  out  of  any  funds  in  the  Treasury  not  other- 
■svise  appropriated,  so  much  as  may  be  necessary  to  make  refunds  to 
depositors  of  money  heretofore  or  hereafter  deposited  by  them  to 
secure  the  purchase  price  on  the  sale  of  any  products  or  for  the  use 
of  any  land  or  resources  of  the  national  forests  in  excess  of  amounts 
found  actually  due  from  them  to  the  United  States ;     *     *     * 

Act  March  4,  1907.  c.  2907,  34  Stat.  1270. 

This  is  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1908.  cited  above. 

Previous  provisions  relating  to  the  disposal  of  money  received  from 
the  sjile  of  any  products  or  the  use  of  any  land  or  resources  of  the  forest 
reserves,  contained  iu  act  Februai-j-  1,  1905,  c.  2SS,  s.  5,  and  act  June  30. 
1906,  c.  3913.  are  set  forth  above. 

These  provisions  are  amended  by  provisions  of  act  March  4,  1911,  c. 
238.  set  fortli  below. 

ACT  MARCH  4,  1911,  c.  238.     (36  Stat.  1235.) 

Refund  of  moneys  erroneously  collected  for  use  of  lands  or  for  timber  or  other 
resources  sold  from  lands,  within  but  not  part  of  national  forests;  report 
of  amounts. 

*  *  *  That  so  much  of  an  Act  entitled  "An  Act  making  appro- 
priations for  the  Department  of  Agriculture  for  the  fiscal  year  end- 
ing June  thirtieth,  nineteen  hundred  and  eight,"  approved  March 
fourth,  nineteen  hundred  and  seven  (Thirty-fourth  Statutes  at  Large, 
pages  twelve  hundred  and  fifty-six  and  twelve  hundred  and  seventy), 
■which  provides  for  refinids  by  the  Secretary  of  Agriculture  to  deposi- 
tors of  moneys  to  secure  the  purchase  price  of  timber  or  the  use  of 
lands  or  resources  of  the  national  forests  such  sums  as  may  be  found 
to  be  in  excess  of  the  amounts  found  actually  due  the  United  States, 
be,  and  is  hereb3%  amended  hereafter  to  appropriate  and  to  include  so 
much  as  may  be  necessary  to  refund  or  pay  over  to  the  rightful  claim- 
ants such  sums  as  may  be  found  by  the  Secretary  of  Agriculture  to 
have  been  erroneously  collected  for  the  use  of  any  lands,  or  for  timber 
or  other  resources  sold  from  lands  located  within,  but  not  a  part  of, 
the  national  forests,  or  for  alleged  illegal  acts  done  upon  such  lands, 
■^•hich  nets  are  subsequently  found  to  have  been  i^ropor  and  legal; 
and  the  Secretary  of  Agriculture  shall  make  annual  report  to  Congress 
of  the  amounts  refunded  hereimder. 

Act  March, 4,  1911,  c.  238,  36  Stat.  1253. 

This  is  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1912.  cited  above. 

The  provision  of  act  March  4,  1907,  c.  2907,  mentioned  and  amended 
by  this  provision,  is  set  forth  above. 

ACT  MAY  23,  1908,  c.  192.     (35  Stat.  251.) 

Payment  of  part  of  money  received  from  each  forest  reserve  to  State  or  Terri- 
tory for  public  schools  and  public  roads. 

That  hereafter  twenty-five  per  centum  of  all  money  received  from 
each  forest  reserve  during  anv  fiscal  year,  including  the  year  ending 
June  thirtieth,  nineteen  himdred  and"  eiffht.  shall  be  ])aid  at  the  end 
thereof  by  the  Secretary  of  the  Treasury  to  the  State  or  Territory  in 
which  said  reserve  is  situated,  to  be  expended  as  the  State  or  Terri- 
torial legislature  may  prescribe  for  the  benefit  of  the  public  schools 


96  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTUEE. 

and  public  roads  of  the  county  or  counties  in  which  the  forest  reserve 
is  situated :  Provided,  That  when  any  forest  reserve  is  in  more  than 
one  State  or  Territory  or  county  the' distributive  share  to  each  from 
the  proceeds  of  said  reserve  shall  be  proportional  to  its  area  therein. 

Act  May  23,  1908.  c.  102,  35  Stat.  260. 

This  is  a  paragraph  of  tlie  agricultural  appropriation  act  for  the  fiscal 
year  19€9,  cited  above. 

These  provisions  supersede  similar  provisions  of  act  June  30,  1906, 
c.  3913,  34  Stat.  G.S'.,  and  act  March  4,  1907,  c.  2907.  34  Stat.  1270,  for 
payment  for  the  same  piuiioses  of  ten  per  centum  of  the  money  received 
from  each  forest  reserve,  with  an  additional  limitation  of  the  amount 
payable  to  any  county. 

Provisions  for  payment  to  the  States  of  New  Mexico  and  Arizona,  as 
income  for  their  common-school  funds,  of  such  proportion  of  the  gross 
proceeds  of  all  national  forests  within  said  States  as  the  area  of  lands 
granted  thereto  for  school  purpo.ses  and  within  such  forests  may  bear  to 
the  total  area  of  all  national  forests  within  said  States,  contained  in  act 
June  20,  1910,  c.  310,  are  set  forth  on  p.  136,  post. 

ACT  MAECH  3,  1901,  c.  831.     (31  Stat.  1010.) 

Selections  of  land  in  lieu  of  land  in  forest  reservations,  confined  to  vacant, 
surveyed,  nonmineral  public  lands  subject  to  entry. 

*  *  *  That  all  selections  of  land  made  in  lieu  of  a  tract  covered 
by  an  unperfected  bona  fide  claim,  or  by  a  patent,  included  within  a 
public  forest  re.^^ervation,  as  provided  in  the  Act  of  June  fourth, 
eighteen  hundred  and  ninety-seven,  entitled  "An  Act  making  appro- 
priations for  sundry  civil  expenses  of  the  Government  for  the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and  ninety-eight,  and 
for  other  purposes,"  shall  be  confined  to  vacant  surveyed  nonmineral 
public  lands  which  are  subject  to  homestead  entry  not  exceeding  in 
area  the  tract  covered  by  such  claim  or  patent :  Provided^  That  noth- 
ing herein  contained  shall  be  construed  to  affect  the  rights  of  those 
who,  previous  to  October  first,  nineteen  hundred,  shall  have  delivered 
to  the  United  States  deeds  for  lands  within  forest  reservations  and 
make  application  for  specific  tracts  of  land  in  lieu  thereof. 

Act  March  3,  1901,  c.  831,  s.  1,  31  Stat.  1037. 

These  are  r)rovisious  of  the  deficiency  api>ropriation  act  for  the  fiscal 
year  1901,  cited  above. 

Provisions  in  the  same  language  are  contained  in  the  sundry  civil  ap- 
propriation act  for  the  fiscal  year  1901,  act  June  6,  1900,  c.  5SS,  s.  1,  31 
Stat.  614. 

These  provisions  and  also  the  provisions  of  act  June  4.  1897.  c.  2,  men- 
tioned in  this  paragraph  and  set  forth  above,  are  repealed,  so  far  as  they 
provide  for  the  relinquishment,  selection,  and  patenting  of  lands  in  lieu 
of  tracts  covered  by  an  unperfected  bona  fide  claim  or  patent  within  a 
forest  reserve,  by  a  provision  of  act  March  3,  1905,  c.  1495,  set  forth 
below. 

ACT  MARCH  3,  1905.  c.  1495.  An  act  prohibiting  the  selection  of  timber  lands 
In  lieu  of  lands  in  forest  reserve.s.     (33  Stat.  1204.) 

Provisions  for  selection  of  land  in  lieu   of  land  in  forest  reserves,  repealed; 
selections  heretofore  made. 

That  the  Acts  of  June  fourth,  eighteen  hundred  and  ninety-seven, 
June  sixth,  nineteen  Inmdred.  and  March  third,  nineteen  hundred  and 
one,  are  hereby  repealed  so  far  as  they  provide  for  the  relinquishment, 
selection,  and  patenting  of  lands  in  lieu  of  tracts  covered  by  an  un- 
perfected bona  fide  claim  or  jiatent  within  a  forest  reserve,  but  the 
validity  of  contracts  entered  into  by  the  Secretary  of  the  Interior 


FOREST   SERVICE.  97 

prior  to  the  passage  of  this  Act  shall  not  be  impaired:  Provided^ 
That  selections  heretofore  made  in  lieu  of  lands  relinquished  to  the 
United  States  may  be  perfected  and  patents  issue  therefor  the  same 
as  though  this  Act  had  not  been  passed,  and  if  for  any  reason  not 
the  fault  of  the  party  making  the  same  any  pending  selection  is  held 
invalid  another  selection  for  a  like  quantity  of  land  may  be  made  in 
lieu  thereof. 

Act  March  3,  1905,  c.  1495,  33  Stat.  1264. 

The  provlsious  of  act  June  4,  1897.  c.  2,  as  amendetl  by  act  June  0, 
1900,  c.  804,  mentioned  and  repealed  by  this  act,  are  set  forth  on  p.  9oi 
ante,  and  the  provisions  of  act  March  3,  1901,  c.  831,  also  mentioned  and 
repealed  by  this  act,  are  set  forth  above. 

ACT  JUNE  25,  1910,  c.  421.  An  act  to  authorize  the  President  of  the  United 
States  to  make  withdrawals  of  public  lands  in  certain  cases.     (36  Stat.  &47.) 

Withdrawals  from  settlement,  etc.,  and  entry,  and  reservation  of  public  lands 
for  water-power  sites,  irrigation,  classification,  and  other  public  purposes. 

That  the  President  may,  at  any  time  in  his  discretion,  temporarily 
withdraw  from  settlement,  location,  sale,  or  entry  any  of  the  public 
lands  of  the  United  States  including  the  District  of  Alaska  and  re- 
serve the  same  for  water-power  sites,  irrigation,  classification  of 
lands,  or  other  public  purposes  to  be  specified  in  the  orders  of  with- 
drawals, and  such  withdrawals  or  reservations  shall  remain  in  force 
until  revoked  by  him  or  by  an  Act  of  Congress. 

Act  June  25,  1910,  c.  421,  s.  1,  36  Stat.  847. 

Lands  withdrawn  open  to  exploration,  etc.,  and  occupation  under  mining  laws; 
rights  of  claimants  of  ore  or  gas-bearing  lands;  lands  embraced  in  home- 
stead, etc.,  entries  excepted  from  act;  establishment  of,  or  additions  to, 
forest  reserves  in  certain  States  restricted. 

Sec.  2.  That  all  lands  withdrawn  under  the  provisions  of  this  Act 
shall  at  all  times  be  open  to  exploration,  discovery,  occupation,  and 
purchase  under  the  mining  laws  of  the  United  States,  so  far  as  the 
same  apply  to  metalliferous  minerals:  Provided^  That  the  rights 
of  any  person  who,  at  the  date  of  any  order  of  withdraAval  heretofore 
or  hereafter  made,  is  a  bona  fide  occupant  or  claimant  of  oil  or  gas 
bearing  lands  and  who,  at  such  date,  is  in  the  diligent  prosecution  of 
work  leading  to  the  discovery  of  oil  or  gas,  shall  not  be  affected  or 
impaired  by  such  order  so  long  as  such  occupant  or  claimant  shall 
continue  in  diligent  prosecution  of  said  work:  Prooided  further^  That 
this  Act  shall  not  be  construed  as  a  recognition,  abridgment,  or  en- 
largement of  any  asserted  rights  or  claims  initiated  upon  any  oil  or 
gas  bearing  lands  after  any  withdrawal  of  such  lands  made  prior  to 
June  twentv-fifth,  nineteen  hundred  and  ten:  And  provided  further, 
That  there 'shall  be  excepted  from  the  force  and  effect  of  any  with- 
drawal made  under  the  provisions  of  this  Act  all  lands  which  are, 
on  the  date  of  such  withdrawal,  embraced  in  any  lawful  homestead 
or  desert-land  entry  theretofore  made,  or  upon  which  any  valid  settle- 
ment has  been  made  and  is  at  said  date  being  maintained  and  per- 
fected pursuant  to  law ;  but  the  terms  of  this  proviso  shall  not  con- 
tinue to  apply  to  any  particular  tract  of  land  unless  the  entryman 
or  settler  shall  continue  to  comply  with  the  law  under  which  the  entry 
or  settlement  was  made:  And  provided  further.  That  hereafter  no 
forest  reserve  shall  be  created,  nor  shall  any  additions  be  made  to  ono 

71657—13 7 


98  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGEICULTUEE. 

heretofore  created,  within  the  limits  of  the  States  of  California, 
Oregon,  Washington,  Idaho,  Montana,  Colorado,  or  Wyoming,  ex- 
cept by  Act  of  Congress. 

Act  June  25,  1910,  c.  421,  s.  2,  36  Stat.  847. 

This  section  is  amended,  to  read  as  set  forth,  by  act  August  24,  1912, 
c.  369,  37  Stat.  497. 

The  word  "  California  "  in  the  last  proviso  of  this  section  Is  added 
by  the  said  act  August  24,  1912.  A  proviso  in  the  same  words,  except 
the  word  "  California  ",  contained  in  act  March  4,  1907,  c.  2907,  is  set 
forth  on  p.  91,  ante. 

Report  of  withdrawals  to  Congress. 

Sec.  3.  That  the  Secretary  of  the  Interior  shall  report  all  such 
withdrawals  to  Congress  at  the  beginning  of  its  next  regular  session 
after  the  date  of  the  withdrawals. 

Act  June  25,  1910,  c.  421,  s.  3,  36  Stat.  848. 

ACT  MARCH  1,  1911,  c.  186.  An  act  to  enable  any  State  to  cooperate  with  any 
other  State  or  Slates,  or  with  the  United  States,  for  the  protection  of  the 
watersheds  of  navigable  streams,  and  to  appoint  a  commission  for  the 
acquisition  of  lands  for  the  purposes  of  conserving  the  navigability  of 
navigable  rivers.     (36  Stat.  901.) 

Consent  to  agreement  by  States  for  conservation  of  forests  and  water  supply. 

That  the  consent  of  the  Congress  of  the  United  States  is  hereby 
given  to  each  of  the  several  States  of  the  Union  to  enter  into  any 
agreement  or  compact,  not  in  conflict  with  any  law  of  the  United 
States,  with  any  other  State  or  States  for  the  purpose  of  conserving 
the  forests  and  the  water  supply  of  the  States  entering  into  such 
agreement  or  compact. 

Act  March  1,  1911,  c.  186,  s.  1,  36  Stat.  961. 

Appropriation  for  cooperation  with  States  for  protection  from  fire  of  forested 
watersheds  of  navigable  streams;  agreements  with  States  for  system  of  fire 
protection;   State  law  required;  limitation  of  expenditures. 

Sec.  2.  That  the  sum  of  two  hundred  thousand  dollars  is  hereby 
appropriated  and  made  available  until  expended,  out  of  any  moneys 
in  the  National  Treasury  not  otherwise  appropriated,  to  enable  the 
Secretary  of  Agriculture  to  cooperate  with  any  State  or  group  of 
States,  when  requested  to  do  so,  in  the  protection  from  fire  of  the 
forested  watersheds  of  navigable  streams ;  and  the  Secretary  of  Agri- 
culture is  hereby  authorized,  and  on  such  conditions  as  he  deems 
wise,  to  stipulate  and  agree  with  any  State  or  group  of  States  to 
cooperate  in  the  organization  and  maintenance  of  a  system  of  fire 
protection  on  any  private  or  state  forest  lands  within  such  State  or 
States  and  situated  upon  the  watershed  of  a  navigable  river:  Pro- 
vided, That  no  such  stipulation  or  agreement  shall  be  made  with  any 
State  which  has  not  provided  by  law  for  a  system  of  forest-fire 
protection:  Provided  further.  That  in  no  case  shall  the  amount 
expended  in  any  State  exceed  in  any  fiscal  year  the  amount  appro- 
priated by  that  State  for  the  same  purpose  during  the  same  fiscal 
year. 

Act  March  1,  1911,  c.  180,  s.  2,  36  Stat.  901. 
Appropriations  for  examination,  survey,  and  acquirement  of  lands  at  headwaters 
of  navigable  streams. 

Sec.  3.  That  there  is  hereby  appropriated,  for  the  fiscal  year  ending 
Juno  thirtieth,  nineteen  hundred  and  ten,  the  sum  of  one  million 


FOREST   SERVICE.  99 

dollars,  and  for  "each  fiscal  year  thereafter  a  sum  not  to  exceed  two 
million  dollars  for  use  in  the  examination,  survey,  and  acquirement 
of  lands  located  on  the  headwaters  of  navioabl'e  streams  or  those 
which  are  being  or  which  may  be  developed  tor  navigable  purposes: 
Provided.,  That  the  provisions  of  this  section  shall  expire  by  limita- 
tion on  the  thirtieth  day  of  June,  nineteen  hundred  and  fifteen. 

Act  March  1,  1911,  c.  186,  s.  3,  36  Stat.  961. 

There  is  ai)i)roi)ri;ite<l  and  made  availablo  until  exi^euded,  for  carrying 
out  tlie  purposes  inentioncHl  in  tliis  section,  .s^o  much  of  the  maximum 
sums  mentioned  in  this  section  for  tlie  fiscal  years  1912  to  1915,  inclusive, 
as  shall  remain  unexpended  at  the  close  of  each  of  said  fiscal  years,  by 
a  provision  of  the  agricultural  appropriation  act  for  the  fiscal  year  1913, 
set  forth  below. 

National  Forest  Reservation  Commission;    creation  and  composition;    authority 
to  purchase  lands  under  act;  service  of  members;  vacancies. 

Sec.  4.  That  a  commission,  to  be  Icnown  as  the  National  Forest 
Reservation  Commission,  consisting  of  the  Secretaiy  of  "War,  the 
Secretary  of  the  Interior,  the  Secretary  of  Agriculture,  and  two  mem- 
bers of  the  Senate,  to  be  selected  by  the  President  of  the  Senate, 
and  two  members  of  the  House  of  Representatives,  to  be  selected 
by  the  Speaker,  is  hereby  created  and  authorized  to  consider  and  pass 
upon  such  lands  as  may  be  recommended  for  purchase  as  provided 
in  section  six  of  this  Act,  and  to  fix  the  price  or  prices  at  which  such 
lands  may  be  purchased,  and  no  purchases  shall  be  made  of  any  lands 
until  such  lands  have  been  dul,y  approved  for  purchase  by  said  com- 
mission: Provided.)  That  the  members  of  the  commission  herein 
created  shall  serve  as  such  only  during  their  incumbency  in  their 
respective  official  positions,  and  any  vacancy  on  the  commission 
shall  be  filled  in  the  manner  as  the  original  appointment. 

Act  March  1,  1911,  c.  186,  s.  4,  36  Stat.  962. 

Annual  reports  of  commission. 

Sec.  5.  That  the  commission  hereby  appointed  shall,  through  its 
president,  annually  report  to  Congress,  not  later  than  the  first  Mon- 
day in  December,  the  operations  and  expenditures  of  the  commis.sion, 
in  detail,  during  the  preceding  fiscal  year. 

Act  March  1.  1911,  c.  186,  s.  5,  36  Stat.  962. 

Examination,  etc.,  of  lands  for  purchase  and  report  thereon  by  Secretary  of 
Agriculture. 

Sec.  6.  That  the  Secretary  of  Agriculture  is  hereby  authorized 
and  directed  to  examine,  locate,  and  recommend  for  purchase  such 
lands  as  in  his  judgment  may  be  necessary  to  the  regulation  of  the 
flow  of  navigable  streams,  and  to  report  to  the  National  Forest 
Reservation  Commission  the  residts  of  such  examinations:  Provided.^ 
That  before  any  lands  are  purchased  by  the  National  Forest  Reser- 
vation Commission  said  lands  shall  be  examined  by  the  Geological 
Survey  and  a  report  made  to  the  Secretary  of  Agriculture,  showing 
that  the  control  of  such  lands  will  promote  or  protect  the  navigation 
of  streams  on  whose  watersheds  they  lie. 

Act  ^larch  1,  1911,  c.  186,  s.  6,  36  Stat.  962. 
Purchase  of  lands  approved  by  commission;  consent  of  State. 

Sec.  7.  That  the  Secretary  of  Agriculture  is  hereby  authorized 
to  purchase,  in  the  name  of  the  United  States,  such  lands  as  have 
been   approved   for  purchase  by  the  National   Forest  Reservation 


100         LAWS  APPLICABLE   TO  DEPARTMENT   OF  AGRICULTURE. 

Commission  at  the  price  or  prices  fixed  by  said  commission :  Provided^ 
That  no  deed  or  other  instrument  of  conveyance  shall  be  accepted 
or  approved  by  the  Secretary  of  Agriculture  under  this  Act  until  the 
legislature  of  the  State  in  which  the  land  lies  shall  have  consented 
to  the  acquisition  of  such  land  by  the  United  States  for  the  purpose 
of  preserving  the  navigability  of  navigable  streams. 

Act  March  1,  1911,  c.  18G,  s.  7,  36  Stat.  9G2. 
Title  to  lands  acquired. 

Sec.  8.  That  the  Secretary  of  Agriculture  may  do  all  things  neces- 
sary to  secure  the  safe  title  in  the  United  States  to  the  lands  to  be 
acquired  under  this  Act,  but  no  payment  shall  be  made  for  any  such 
lands  until  the  title  shall  be  satisfactory  to  the  Attorney-General 
and  shall  be  vested  in  the  United  States. 

Act  March  1,  1911,  c.  1S6,  s.  8,  36  Stat.  962. 

Reservation  to  ov/ner  of  lands  acquired  of  minerals  or  timber;  regulations  for 
removal  thereof  to  he  expressed  in  conveyance. 

Sec.  9.  That  such  acquisition  may  in  any  case  be  conditioned  upon 
the  exception  and  reservation  to  the  owner  from  whom  title  passes 
to  the  United  States  of  the  minerals  and  of  the  merchantable  timber, 
or  either  or  any  jDart  of  them,  within  or  upon  such  lands  at  the  date 
of  the  conveyance,  but  in  every  case  such  exception  and  reservation 
and  the  time  within  which  such  timber  shall  be  removed  and  the  rules 
and  regulations  under  which  the  cutting  and  removal  of  such  timber 
and  the  mining  and  removal  of  such  minerals  shall  be  done  shall  be 
expressed  in  the  written  instrument  of  conveyance,  and  thereafter 
the  mining,  cutting,  and  removal  of  the  minerals  and  timber  so  ex- 
cepted and  reserved  shall  be  done  only  under  and  in  obedience  to  the 
rules  and  regulations  so  expressed. 

Act  March  1,  1911,  c.  186,  s.  9,  36  Stat.  962. 

Agrricultural  lands  included  in  tracts  acquired;  sale  as  homesteads;  jurisdic- 
tion of  lands  sold  to  revert  to  State;  no  rights,  etc.,  to  lands  acquired, 
waters  thereon,  etc.,  except  as  provided  in  this  section. 

Sec.  10.  That  inasmuch  as  small  areas  of  land  chiefly  valuable  for 
agriculture  may  of  necessity  or  by  inadvertence  be  included  in  tracts 
acquired  under  this  Act,  the  Secretarj'^  of  Agi'iculture  ma}^  in  his 
discretion,  and  he  is  hereby  authorized,  upon  application  or  otherwise, 
to  examine  and  ascertain  the  location  and  extent  of  such  areas  as  in 
his  opinion  may  be  occupied  for  agricultural  purposes  without  injury 
to  the  forests  or  to  stream  flow  and  which  are  not  needed  for  public 
purpo.ses,  and  may  list  and  describe  the  same  bj'^  metes  and  bounds, 
or  otherwise,  and  offer  them  for  sale  as  homesteads  at  their  true  value, 
to  be  fixed  by  him,  to  actual  settlers,  in  tracts  not  exceeding  eighty 
acres  in  area,  under  such  joint  rules  and  regulations  as  the  Secretary 
of  Agriculture  and  the  Secretar^^  of  the  Interior  may  prescribe:  and 
in  case  of  such  sale  the  jurisdiction  over  the  lands  sold  shall,  ipso 
facto,  revert  to  the  State  in  wliich  the  lands  sold  lie.  And  no  right, 
title,  interest,  or  claim  in  or  to  any  lands  acquired  under  this  Act,  or 
the  waters  thereon,  or  the  products,  resources,  or  use  thereof  after 
such  lands  shall  have  been  so  acquired,  shall  be  initiated  or  perfected, 
except  as  in  this  section  provided. 

Act  March  1.  1911,  c.  186,  s.  10,  36  Stat.  962. 


FOREST   SER\aCE.  XQ\ 

Lands  acquired  reserved  as  national  forest  lands;  division  into  and  designation 
as  specific  national  forests. 

Sec.  11.  That,  subject  to  the  provisions  of  the  last  preceding  sec- 
tion, the  Lands  acquired  under  this  Act  shall  be  permanently  reserved 
held,  and  administered  as  national  forest  lands  under  the  provisions 
of  section  twenty-four  of  the  Act  approved  March  third,  eighteen 
hundred  and  ninety-one  (volume  twenty-six,  Statutes  at  Large,  page 
eleven  hundred  and  three),  and  Acts  supplemental  to  and  amendatory 
thereof.  And  the  Secretary  of  Agriculture  may  from  time  to  time 
divide  the  lands  acquired  under  this  Act  into  such  specific  national 
forests  and  so  designate  the  same  as  he  may  deem  best  for  adminis- 
trative purposes. 

Act  March  1.  1911,  c.  1S6,  s.  11,  36  Stat.  963. 

Act  March  3,  1891,  c.  5G1,  s.  24,  nieutioued  iu  this  section,  is  set  forth 
on  p.  87.  attte. 

An  approiiriatiou  for  additional  national  forests  to  be  created  under 
this  section,  and  for  lands  under  contract  for  purchase  or  for  the  acquisi- 
tion of  which  condemnation  proceedings  have  been  instituted  for  the 
purposes  of  this  act,  is  made  in  the  agricultural  appropriation  act  for 
the  fiscal  year  1913.  set  forth  era  p.  181,  i)ost.. 

State  jurisdiction  over  persons  on  lands  acquired  not  affected  except  as  to  pun- 
ishment of  offenses  against  United  States. 

Sec.  12.  That  the  jurisdiction,  both  civil  and  criminal,  over  persons 
upon  the  lands  acquired  under  this  act  shall  not  be  affected  or  changed 
by  their  permanent  reservation  and  administration  as  national  forest 
lands,  except  so  far  as  the  punishment  of  offenses  against  the  United 
States  is  concerned,  the  intent  and  meaning  of  this  section  being  that 
the  State  wherein  such  land  is  situated  shall  not,  by  reason  of  such 
reservation  and  administration,  lose  its  jurisdiction  nor  the  inhabit- 
ants thereof  their  rights  and  privileges  as  citizens  or  be  absolved  from 
their  duties  as  citizens  of  the  State. 

Act  March  1,  1911,  c.  186,  s.  12,  36  Stat.  963. 

Payment  of  percentage  of  moneys  received  from  each  national  forest  to  State 
for  benefit  of  public  schools  and  roads;  limitation  of  payment  to  any  one 
county. 

Sec.  13.  That  five  per  centum  of  all  moneys  received  during  any 
fiscal  year  from  each  national  forest  into  which  the  lands  acquired 
under  this  Act  may  from  time  to  time  be  divided  shall  be  paid,  at  the 
end  of  such  year,  by  the  Secretary  of  the  Treasury  to  the  State  in 
■which  such  national  forest  is  situated,  to  be  expended  as  the  state 
legislature  may  prescribe  for  the  benefit  of  the  public  schools  and 
public  roads  of  the  county  or  counties  in  which  such  national  forest  is 
situated:  Provided,  That  when  any  national  forest  is  in  more  than 
one  State  or  county  the  distributive  share  to  each  from  the  proceeds 
of  such  forest  shall  be  proportional  to  its  area  therein:  Provided  fur- 
ther, That  there  shall  not  be  paid  to  any  State  for  any  county  an 
amount  equal  to  more  than  forty  per  centum  of  the  total  income  of 
such  county  from  all  other  sources. 

Act  March  1,  1911,  c.  186,  s.  13,  36  Stat.  063. 
Appropriation  for  expenses  of  commission;  payment. 

Sec.  14.  That  a  sum  sufficient  to  pay  the  necessary  expenses  of  the 
commission  and  its  members,  not  to  exceed  an  annual  expenditure 
of  twenty-five  thousand  dollars,  is  hereby  appropriated  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated.    Said  appropria- 


J.02         •LAAVS;APPLIQABLE    TO   DEPARTMENT   OF   AGEICULTURE. 

tion  shall  be  immediatelj^  available,  and  shall  be  paid,  out  on  the  audit 
and  order  of  the  president  of  the  said  commission,  which  audit  and 
order  shall  be  conclusive  and  binding  upon  all  departments  as  to  the 
correctness  of  the  accounts  of  said  commission. 

Act  March  1,  1911,  c.  1S6,  s.  14,  36  Stat.  963.    ■ 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Appropriation  for  examination,  survey,  and  acquirement  of  lands  on  headwaters 
of  navigable  streams. 

And  in  order  to  carry  out  the  purposes  mentioned  in  section  three 
of  the  Act  of  March  first,  nineteen  hundred  and  eleven,  entitled  "An 
Act  to  enable  any  State  to  cooperate  with  any  other  State  or  States, 
or  with  the  United  States,  for  the  protection  of  the  watersheds  of 
navigable  streams,  and  to  appoint  a  commission  for  the  acquisition 
of  lands  for  the  purpose  of  conserving  the  navigability  of  navigable 
rivers,"  there  is  hereby  appropriated  and  made  available  until  ex- 
pended so  much  of  the  maximum  sums  mentioned  in  said  section  for 
the  fiscal  years  nineteen  hundred  and  twelve  to  nineteen  hundred  and 
fifteen,  inclusive,  as  shall  remain  unexpended  at  the  close  of  each  of 
said  fiscal  years. 

Act  August  10,  1912,  c.  284,  37  Stat.  300. 

This  is  a  provision,  under  the  hending  "  :Miscellaueous,"  of  the  agricul- 
tural act  for  the  tiscal  year  1913,  cited  above. 

ACT  JULY  6,  1912,  c.  209.  An  act  for  the  transfer  of  the  so-called  Olmstead 
lands,  in  the  State  of  North  Carolina,  from  the  Solicitor  of  the  Treasury 
to  the  Secretary  of  Agriculture.     (37  Stat.  189.) 

Certain  lands  in  North  Carolina  to  be  in  charge  of  Secretary  of  Agriculture. 

That  the  Secretary  of  Agriculture  shall,  from  and  after  the  passage 
of  this  Act,  have  charge  of  the  several  tracts  of  land  in  Clay  and 
Graham  Counties,  North  Carolina,  known  as  the  Olmstead  lands, 
aggregating  approximately  thfrty-two  thousand  four  hundred  and 
eighty-three  acres,  being  the  lands  conveyed  to  the  United  States  by 
Levi  Stevens  and  wife  on  March  fifteenth,  eighteen  hundred  ani 
sixty-nine,  in  compromise  and  settlement  of  an  indebtedness  due  the 
United  States  bv  E.  B.  Olmstead. 

ft. 

Act  July  6,  1012,  c.  209,  s.  1,  37  Stat.  189.  ^ 

Transfer  of  title,  papers,  etc. 

Sec.  2.  That  the  Solicitor  of  the  Treasury  is  hereby  authorized  and 
directed  to  transfer  to  the  Secretary  of  Agriculture  all  title,  papers, 
and  correspondence  relating  to  said  lands  on  file  in  his  office. 

Act  July  G.  1912,  c.  209,  s.  2,  37  Stat.  189. 
Lands  to  be  subject  to  provisions  of  act  March  1,  1911,  c.  186. 

Sec.  3.  That  the  said  lands  shall  be  subject  to  such  of  the  provisions 
of  the  Act  approved  jNIarch  first,  nineteen  hundred  and  eleven 
(Thirty-sixth  Statutes  at  Large,  page  nine  hundred  and  sixty-one), 
as  apply  to  lands  purchased  thereunder. 

Act  July  6,  1912,  c.  209.  s.  3,  37  Stat.  189. 

Private  or  corporate  rights  not  affected  by  act. 

Sec.  4.  That  nothing  herein  contained  shall  be  construed  to  affect 
in  any  way  anv  private  or  corporate  rights  now  existing  with  refer- 
ence to  said  lands. 

Act  July  6,  1912,  c.  209,  s.  4,  37  Stat.  189. 


FOREST   SERVICE.  103 

REV.   ST.   SEC.  2460. 

Protection  and  preservation  of  timber  in  Florida. 

Sec.  24()0.  The  President  i.s  authorized  to  employ  so  much  of  the 
land  and  naval  forces  of  the  United  States  as  may  be  necessary 
effectually  to  prevent  the  felling,  cutting  down,  or  other  destruction 
of  the  timber  of  the  United  States  in  Florida,  and  to  prevent  the 
transportation  or  carrying  away  any  such  timl)or  as  may  be  already 
felled  or  cut  down;  and  to  take  such  other  and  further^neasures  as 
may  be  deemed  advisable  for  the  preservation  of  the  timber  of  the 
United  States  in  Florida. 

EEV.   ST.   SEC.   2461. 

Cutting  or  destruction  of  live-oak  or  red-cedar  timber;  penalty. 

Sec.  2461.  If  any  person  shall  cut,  or  cause  or  procure  to  be  cut,  or 
aid,  assist,  or  be  employed  in  cutting,  or  shall  wantonly  destroy,  or 
cause  or  procure  to  be  Avantonly  destroyed,  or  aid,  assist,  or  be  em- 
ployed in  wantonly  destroying  any  live-oak  or  red-cedar  trees,  or 
other  timber  standing,  growing,  or  being  on  any  lands  of  the  United 
States,  wdiich,  in  pursuance  of  any  law^  passed,  or  hereafter  to  be 
passed,  have  been  reserved  or  purchased  for  the  use  of  the  United 
States,  for  supplying  or  furnishing  therefrom  timber  for  the  Navy 
of  the  United  States;  or  if  any  person  shall  remove,  or  cause  or  pro- 
cure to  be  removed,  or  aid,  or  assist,  or  be  employed  in  rentoving  from 
any  such  lands  which  have  been  reserved  or  purchased,  any  live-oak 
or  red-cedar  trees,  or  other  timber,  unless  duly  authorized  so  to  do,  by 
order,  in  writing,  of  a  competent  officer,  and  for  the  use  of  the  Navy 
of  the  United  States;  or  if  any  person  shall  cut,  or  cause  or  procure  to 
be  cut,  or  aid,  or  assist,  or  be  employed  in  cutting  any  live-oak  or  red- 
cedar  trees,  or  other  timber  on,  or  shall  remove,  or  cause  or  procure 
to  be  removed,  or  aid,  or  assist,  or  be  employed  in  removing  any 
live-oak  or  red-cedar  trees  or  other  timber,  from  any  other  lands  of 
the  United  States,  acquired,  or  hereafter  to  be  acquired,  with  intent 
to  export,  dispose  of,  use,  or  employ  the  same  in  any  manner  what- 
soever, other  than  for  the  use  of  the  Navy  of  the  United  States;  every 
such  person  shall  pay  a  fine  not  less  than  triple  the  value  of  the 
trees  or  tmiber  so  cut,  destroyed,  or  removed,  and  shall  be  imprisoned 
not  exceeding  twelve  months. 

REV.   ST.   SEC.   2462. 

Vessel  employed  in  carrying  away  live-oak  or  red-cedar  timber;  forfeiture. 

Sec.  2462.  If  the  master,  owner,  or  consignee  of  any  vessel  shall 
knowingly  take  on  board  any  timber  cut  on  lands  which  have  been 
reserved  or  purchased  as  in  the  preceding  section  prescribed,  without 
proper  authority,  and  for  the  use  of  the  Navy  of  the  United  States; 
or  shall  take  on  board  any  live-oak  or  red-cedar  timber  cut  on  any 
other  lands  of  the  United  States,  with  intent  to  transport  the  same  to 
anv  port  or  place  within  the  United  States,  or  to  export  the  same  to 
anv  foreign  country',  the  vessel  on  board  of  which  the  same  shall  be 
taken,  transported,'  or  seized,  shall,  with  her  tackle,  apparel,  and 
furniture,  be  wholly  forfeited  to  the  United  States,  and  the  captain 
or  master  of  such  vessel  wherein  the  same  was  exported  to  any  for- 
eign country  against  the  provisions  of  this  section  shall  forfeit  and 
pay  to  the  United  States  a  sum  not  exceeding  one  thousand  dollars. 


104         LAWS  APPLICABLE   TO  DEPARTMENT   OF   AGEICULTUKE. 

ACT  JUNE  3,  1878,  c.  15L     (20  Stat.  89.) 

Cutting  timber  unlawfully;  transportation  of  unlawfully  cut  timber;  penalty; 
clearing  of  land  for  mining  and  agricultural  purposes,  and  taking  timber 
for  use  of  United  States  excepted. 

Sec.  4.  That  after  the  passage  of  this  act  it  shall  be  unlawful  to 
cut,  or  cause  or  procure  to  be  cut,  or  wantonly  destroy,  any  timber 
growing  on  any  lands  of  the  United  States,  in  said  States  and  Terri- 
tory [the  public-land  States]  or  remove,  or  cause  to  be  removed,  any 
timber  from  said  public  lands,  with  intent  to  export  or  dispose  of  the 
same;  and  no  owner,  master,  or  consignee  of  any  vessel,  or  owner, 
director,  or  agent  of  any  railroad,  shall  knowingly  transport  the 
same,  or  any  lumber  manufactured  therefrom:  and  any  person  vio- 
lating the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  fined  for  every  such  offense  a  sum  not 
less  than  one  hundred  nor  more  than  one  thousand  dollars :  Provided, 
That  nothing  herein  contained  shall  prevent  any  miner  or  agricul- 
turist from  clearing  his  land  in  the  ordinar}''  working  of  his  mining 
claim,  or  preparing  his  farm  for  tillage,  or  from  taking  the  timber 
necessary  to  support  his  improvements,  or  the  taking  of  timber  for 
the  use  of  the  United  States;  and  the  penalties  herein  provided  shall 
not  take  effect  until  ninety  days  after  the  passage  of  this  act. 

Act  June  3,  1878,  c.  151,  s.  4,  20  Stat.  90. 

The,  provisions  of  this  section  are  substantially  incorporated  in  act 
March  4,  1909,  c.  321,  s.  49,  set  forth  below. 

Relief  from  prosecution  on  payment  for  lands. 

Sec.  5.  That  any  person  prosecuted  in  said  States  and  Territory 
[the  public-land  States]  for  violating  section  two  thousand  four  hun- 
dred and  sixty-one  of  the  Eevised  Statutes  of  the  United  States  who 
is  not  prosecuted  for  cutting  timber  for  export  from  the  United 
States,  may  be  relieved  from  further  prosecution  and  liability  there- 
for upon  pajnnent,  into  the  court  wherein  said  action  is  pending,  of 
the  sum  of  two  dollars  and  fifty  cents  per  acre  for  all  lands  on  which 
he  shall  have  cut  or  caused  to  be  cut  timber,  or  removed  or  caused  to 
be  removed  the  same:  Provided,  That  nothing  contained  in  this  sec- 
tion shall  be  construed  as  granting  to  the  person  hereby  relieved  the 
title  to  said  lands  for  said  payment ;  but  he  shall  have  the  right  to 
purchase  the  same  upon  the  same  terms  and  conditions  as  other  per- 
sons, as  provided  hereinbefore  in  this  act:  And,  farther  provided, 
That  all  moneys  collected  under  this  act  shall  be  covered  into  the 
Treasury  of  the  United  States.  And  section  four  thousand  seven 
hundred  and  fifty-one  of  the  Eevised  Statutes  is  hereby  repealed,  so 
far  as  is  relates  to  the  States  and  Territory  herein  named. 

Act  June  3.  1878,  c.  151,  s.  5.  20  Stnt.  90. 

Rov.  St.  sec.  2461,  mentioned  in  this  section,  is  set  forth  above. 

This  and  the  ju-oceding  soclion  are  jiart  of  an  act  for  the  sale  of  timber 
lands  in  "the  States  of  California,  Oregon,  Nevada,  and  in  Washington 
Territory."  The  act  is  made  aiiplicable  to  "all  the  public-land  States" 
by  act  August  4,  1892.  c.  375,  s.  2,  27  Stat.  34S. 

ACT  MARCH  4,  1909,  c.  321.     (35  Stat.  1088.) 

Timber  depredations  on  public  lands;  punishment  for;  rights  of  entrymen. 

Sec.  49.  AVlioever  shall  cut,  or  cause  or  procure  to  bie  cut,  or  shall 
wantonly  destroy,  or  cause  to  be  wantonly  destroj'ed,  any  timber 


FOREST   SERVICE.  105 

gi-owiiig  on  the  public  lands  of  the  United  States;  or  whoever  shall 
remove,  or  cause  to  be  removed,  any  timber  from  said  public  lands, 
•with  intent  to  exjiort  or  to  dispose  of  the  same;  or  whoever,  being 
the  owner,  master,  or  consignee  of  any  vessel,  or  the  owner,  director, 
or  agent  of  any  railroad,  shall  knowingly  transport  any  timber  so  cut 
or  removed  from  said  lands,  or  lumber  manufactured  therefrom, 
shall  be  fined  not  more  than  one  thousand  dollars,  or  imprisonment 
not  more  than  one  year,  or  both.  Nothing  in  this  section  shall  pre- 
vent any  miner  or  agriculturist  from  clearing  his  land  in  the  ordinary 
working  of  his  mining  claini,  or  in  the  preparation  of  his  farm  for 
tillage,  or  from  taking  the  timber  necessary  to  support  his  improve- 
ments, or  the  taking  of  timber  for  the  use  of  the  United  States.  And 
nothing  in  this  section  shall  interfere  with  or  take  away  anv  right 
under  any  existing  law  of  the  United  States  to  cut  or  remove  timber 
from  any  public  lands. 

Act  March  4.  1909,  c.  321,  s.  49,  35  Stat.  109S. 

This  is  a  section  of  an  act  entitled  "Au  act  to  codify,  revise,  and 
amend  the  penal  laws  of  the  Tnitetl  States,"  incorporating  therein  pro- 
visions of  act  June  3.  1S78,  c.  151,  s.  4,  set  forth  above. 

Timber  depredations  on  lands  reserved  for  public  use;  punishment  for. 

Sec.  50.  Whoever  shall  unlawfully  cut,  or  .aid  in  unlawfully  cut- 
ting, or  shall  wantonly  injure  or  destroy,  or  procure  to  be  wantonly 
injured  or  destroyed,  an}'^  tree,  growing,  standing,  or  being  upon  any 
land  of  the  United  States  which,  in  pursuance  of  law,  has  been  re- 
served or  purcha-^ed  by  the  United  States  for  any  public  use,  or  upon 
any  Indian  reservation,  or  lands  belonging  to  or  occupied  by  any  tribe 
of  Indians  under  the  authority  of  the  United  States,  or  any  Indian 
allotment  while  the  title  to  the  same  shall  be  held  in  trust  by  the 
Government,  or  while  the  same  shall  remain  inalienable  by  the  al- 
lottee without  the  consent  of  the  United  States,  shall  be  fined  not  more 
than  five  hundred  dollars,  or  imprisoned  not  more  than  one  year,  or 
both. 

Act  of  March  4,  1909,  c.  321,  s.  50,  35  Stat.  1098. 

This  section  is  a  portion  of  "Au  act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  States,"  cited  above,  as  amended  by  net  June 
25,  1910,  c.  431,  s.  6,  36  Stat.  857.  Said  act  March  4,  1900,  c.  321.  s.  CO, 
incorporated  therein  the  provisions  of  Rev.  St.  sec.  5388,  as  amended  by 
act  June  4,  1SS8.  c.  340.  25  Stat.  166,  and  said  Rev.  St.  sec.  5388  and 
said  act  June  4,  1888,  were  expressly  repealed  by  section  341  of  said 
act  March  4,  1909. 

Boxing,  etc.,  trees  for  turpentine,  etc.;  punishment  for. 

Sec.  51.  "Whoever  shall  cut,  chip,  chop,  or  box  any  tree  upon  any 
lands  belonging  to  the  United  States,  or  upon  any  lands  covered  by 
or  embraced  in^any  unperfected  settlement,  application,  filing,  entry, 
selection,  or  locationj  made  under  any  law  of  the  United  States,  for 
the  purpose  of  obtaining  from  such  tree  any  pitch,  turpentine,  or 
other  substance,  or  shallknowingly  encourage,  cause,  procure,  or  aid 
in  the  cutting,  chipping,  chopping,  or  boxing  of  any  such  tree,  or 
shall  buy,  trade  for,  or  m  anj^  manner  acquire  any  nitch,  turpentine, 
or  other  substance,  or  any  article  or  commodity  made  from  any  such 
pitch,  turpentine,  or  otlier  substance,  when  he  has  knowledge  that 
the  same  has  been  so  unlawfully  obtained  from  such  trees,  shall  be 


106         LAWS  APPLICABLE   TO   DEPAETMEXT   OF   AGEICULTUKE, 

fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more 
than  one  year,  or  both. 

Act  March  4,  1909,  c.  321.  s.  51,  35  Stat.  1098. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal  laws 
of  the  United  States."  incorporating  therein  the  provisions  of  act  June  4, 
1906.  c.  2571,  34  Stat.  208,  which  act  is  expressly  repealed  by  section  341 
of  this  act. 

Setting  fire  to  timber  on  public  lands;  punishment  for. 

Sec.  52.  Whoever  shall  willfully  set  on  fire,  or  cause  to  be  set  on 
fire,  any  timber,  underbrush,  or  grass  upon  the  public  domain,  or  shall 
leave  or  suffer  fire  to  burn  unattended  near  any  timber  or  other  in- 
flammable material,  shall  be  fined  not  more  than  five  thousand  dollars. 
or  imprisoned  not  more  than  two  years,  or  both. 

Act  March  4,  1909,  c.  321,  s.  52,  35  Stat.  1098. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,''  cited  above,  incorporating  therein  the 
provisions  of  act  February  24.  1897.  c.  313,  s.  1,  29  Stat.  594,  as  amended 
by  act  May  o,  1900,  c.  349.  31  Stat.  169.  Both  said  act  February  24,  1897, 
and  said  act  May  5,  1900,  are  expressly  repealed  by  section  341  of  this  act. 

Failure  to  extinguish  fires  on  the  public  domain;  punishment  for. 

Sec.  53.  Whoever  shall  build  a  fire  in  or  near  any  forest,  timber, 
or  other  inflammable  material  upon  the  public  domain,  or  iipon  any 
Indian  reservation,  or  lands  belonging  to  or  occupied  by  any  tribe 
of  Indians  under  the  authority  of  the  United  States,  or  upon  any 
Indian  allotment  while  the  title  to  the  same  shall  be  held  in  trust 
by  the  Government,  or  while  the  same  shall  remain  inalienable  by 
the  allottee  without  the  consent  of  the  United  States,  shall,  before 
leaving  said  fire,  totally  extinguish  the  same;  and  whoever  shall  fail 
to  do  so  shall  be  fined  not  more  than  one  thousand  dollars,  or  im- 
prisoned not  more  than  one  year,  or  both. 

Act  March  4,  1909,  c.  321,  s.  53,  35  Stat.  1098. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  citetl  above,  r.s  amended  by  act  June  25.  1910, 
c.  431.  s.  0.  36  Stat.  857.  Said  act  March  4.  1909,  c.  321.  s.  53,  incorporated 
therein  provisions  of  act  February  24,  1897,  c.  313,  s.  1,  29  Stat.  594.  as 
amended  by  act  May  5,  1900,  c.  349,  31  Stat.  170,  and  both  said  acts  were 
expressly  repealed  by  section  341  of  said  act  March  4.  1909. 

Trespassing  on  Bull  Run  National  Forest,  Oregon;  punishment  for. 

Sec.  55.  Whoever,  except  forest  rangers  and  other  persons 
employed  by  tlie  United  States  to  protect  the  forest,  federal  and 
state  officers  in  the  discharge  of  their  duties,  and  the  employees  of 
the  water  board  of  the  city  of  Portland,  State  of  Oregon,  shall  know- 
ingly trespass  upon  any  part  of  the  reserve  known  as  Bull  Run 
National  Forest,  in  the  Cascade  Mountains,  in  the  State  of  Oregon,  or 
shall  enter  thereon  for  the  purpose  of  grazing  stock,  or  shall  engage 
in  grazing  stock  thereon,  or  .shall  permit  stock  of  any  kind  to  graze 
thereon,  shall  be  fined  not  more  than  five  hundred  dollars,  or  impris- 
oned not  more  than  six  months,  or  both. 

Act  March  4,  1909,  c.  321.  s.  55.  35  Stat.  1099. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal  laws 
of  the  United  States."  cited  jibove.  incorporating  therein  the  provisions 
of  act  April  2S.  1904,  c.  1774,  33  Stat.  526.  which  said  act  is  expressly 
repealed  by  section  341  of  this  act. 


I 


FOREST   SERVICE.  107 

Breaking  fences,  driving  cattle,  etc.,  on  inclosed  public  lands;  punishment  for; 
unreserved  public  lands  excepted. 

Sec.  5C.  Whoever  shall  knowiiif^ly  and  unlawfully  break,  open, 
or  destroy  any  gate,  fence,  hedp;e,  or  wall  inclosing  any  lands  of  the 
United  States  which,  in  pursuance  of  any  law.  have  been  reserved  or 
purchased  by  the  United  States  for  any  public  use;  or  whoever  shall 
drive  any  cattle,  horses,  hogs,  or  other  live  stock  upon  any  such  lands 
for  the  purpose  of  destroying  the  grass  or  trees  on  said  lands,  or 
where  they  may  destroy  the  said  grass  or  trees;  or  whoever  shall 
knowingly  permit  his  cattle,  horses,  hogs,  or  other  live  stock  to  enter 
through  any  such  inclosure  upon  any  such  lands  of  the  United  States, 
where  such  cattle,  horses,  hogs  or  other  live  stock  may  or  can  destroy 
the  grass  or  trees  or  other  property  of  the  United  States  on  the  said 
lands,  shall  be  fined  not  more  than  five  hundred  dollars,  or  imprisoned 
not  more  than  one  year,  or  both :  Provided.  That  nothing  in  this 
section  shall  be  construed  to  apply  to  unreserved  public  lands. 

Act  March  4,  1009.  c.  321,  s.  56,  35  Stat.  1099. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  act  March  .S.  1S75,  c.  151.  ss.  2,  3.  18  Stat.  481,  which  sections 
are  expressly  repealed  by  section  341  of  this  act. 

Injuring  or  removing  survey  marks;  punishment  for. 

Sec.  57.  Whoever  shall  willfully  destroy,  deface,  change,  or  re- 
move to  another  place  any  section  corner,  quarter-section  comer, 
or  meander  post,  on  any  Government  line  of  survey,  or  shall  will- 
fully cut  down  any  witness  tree  or  any  tree  blazed  to  mark  the  line 
of  a  Government  survey,  or  shall  willfully  deface,  change,  or  remove 
any  monument  or  bench  mark  of  any  Government  survey,  shall  be 
fined  not  more  than  two  hundred  and  fifty  dollars,  or  imprisoned 
not  more  than  six  months,  or  both. 

Act  March  4,  1009,  c.  321.  s.  57,  35  Stat.  1099. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  T'nited  States,"  cited  above,  incorporating  therein  provisions 
of  act  June  10,  1896,  c.  398,  s.  1,  20  Stat.  343,  which  provisions  are  ex- 
pressly repealed  by  section  341  of  this  act. 

ACT  rEBRUARY  25.  1885,  c.  149.     An  act  to  prevent  unlawful  occupancy  of  the 
public  lands.     (23  Stat.  321.) 

Inclosure  of  or  assertion  of  right  to  public  lands  without  title  prohibited. 

That  all  inclosures  of  any  public  lands  in  any  State  or  Territory 
of  the  United  States,  heretofore  or  to  be  hereafter  made,  erected, 
or  constructed  bj^  any  person,  party,  association,  or  corporation,  to 
any  of  which  land  included  within  the  inclosure  the  person,  party, 
association,  or  corporation  making  or  controlling  the  inclosure  had 
no  claim  or  color  of  title  made  or  acquired  in  good  faith,  or  an  as- 
serted right  thereto  by  or  under  claim,  made  in  good  faith  with  a 
view  to  entry  thereof  at  the  proper  land-office  under  the  general  laws 
of  the  United  States  at  the  time  any  such  inclosure  was  or  shall  be 
made,  are  hereby  declared  to  be  unlawful,  and  the  maintenance,  erec- 
tion, construction,  or  control  of  any  such  inclosure  is  hereby  forbid- 
den and  prohibited;  and  the  assertion  of  a  right  to  the  exclusive  use 
and  occupancy  of  anv  part  of  the  public  lands  of  the  United  States 
in  any  State  or  any  of  the  Territories  of  the  United  States,  without 


108         LAWS  APPLICABLE   TO  DEPARTMENT   OF  AGBICULTUEE. 

claim,  color  of  title,  or  asserted  right  as  above  specified  as  to  in- 
closure,  is  likewise  declared  unlawful,  and  hereby  prohibited. 

Act  February  25,  1SS5,  c.  149,  s.  1,  23  Stat.  321. 
Suits  for  violations  of  preceding  section. 

Sec.  2.  That  it  shall  be  the  duty  of  the  district  attorney  of  the 
United  States  for  the  proper  district,  on  affidavit  filed  with  him  by 
any  citizen  of  the  United  States  that  section  one  of  this  act  is  being 
violated  showing  a  description  of  the  land  inclosed  with  reasonable 
certainty,  not  necessarily  by  metes  and  bounds  nor  by  governmental 
sub-divisions  of  surveyed  lands,  but  only  so  that  the  inclosure  may  be 
identified,  and  the  persons  guilty  of  the  violation  as  nearlj'^  as  may 
be,  and  by  descrijDtion,  if  the  name  cannot  on  reasonable  inquiry  be 
ascertained,  to  institute  a  civil  suit  in  the  proper  United  States  dis- 
trict or  circuit  court,  or  territorial  district  court,  in  the  name  of  the 
United  States,  and  against  the  parties  named  or  described  who  shall 
be  in  charge  of  or  controlling  the  inclosure  complained  of  as  defend- 
ants; and  jurisdiction  is  also  hereby  conferred  on  any  United  States 
district  or  circuit  court  or  territorial  district  court  having  jurisdic- 
tion over  the  locality  where  the  land  inclosed,  or  any  part  thereof, 
shall  be  situated,  to  hear  and  determine  proceedings  in  equity,  by 
writ  of  injunction,  to  restrain  violations  of  the  provisions  of  this  act; 
and  it  shall  be  sufficient  to  give  the  court  jurisdiction  if  sendee  of 
original  process  be  had  in  any  civil  proceeding  on  any  agent  or  em- 
ployee having  charge  or  control  of  the  inclosure;  and  any  suit 
brought  under  the  provisions  of  this  section  shall  have  precedence 
for  hearing  and  trial  over  other  cases  on  the  civil  docket  of  the  court, 
and  shall  be  tried  and  determined  at  the  earliest  practicable  day. 
In  any  case  if  the  inclosure  shall  be  found  to  be  unlawful,  the  court 
shall  make  the  proper  order,  judgment,  or  decree  for  the  destruction 
of  the  inclosure,  in  a  summary  way,  unless  the  inclosure  shall  be  re- 
moved by  the  defendant  within  five  days  after  the  order  of  the  court. 

Act  February  25,  1885,  c.  149,  s.  2,  23  Stat.  321. 
Obstruction  of  settlement  on  or  transit  over  public  lands  prohibited. 

Sec.  3.  That  no  person,  by  force,  threats,  intimidation,  or  by  any 
fencing  or  inclosing,  or  any  other  unlawful  means,  shall  prevent  or 
obstruct,  or  shall  combine  and  confederate  with  others  to  prevent  or 
obstruct,  an)^  person  from  peaceably  entering  upon  or  establishing  a 
settlement  or  residence  on  any  tract  of  public  land  subject  to  settle- 
ment or  entry  under  the  public  land  laws  of  the  United  States,  or 
shall  prevent  or  obstruct  free  passage  or  transit  over  or  through  the 
public  lands:  Provided^  This  section  shall  not  be  held  to  affect  the 
right  or  title  of  persons,  who  have  gone  upon,  improved  or  occupied 
said  lands  under  the  land  laws  of  the  United  States,  claiming  title 
thereto,  in  good  faith. 

Act  February  25,  1SS5.  c.  149,  s.  3,  23  Stat.  322. 
Violations  of  act;   punishment. 

Sec.  4.  That  any  person  violating  any  of  the  provisions  hereof, 
whether  as  owner,  part  owner,  or  agent,  or  who  shall  aid,  abet,  coun- 
sel, advise,  or  assist  in  any  violation  hereof,  shall  be  deemed  guilty  of 
a  misdemeanor  and  lined  in  a  sum  not  exceeding  one  thousand  dollars 
or  be  imprisoned  not  exceeding  one  year,  or  both,  for  each  offense. 

Act  Februarv  25,  1885,  c.  149,  s.  4,  23  Stat.  322,  as  amended  by  act 
March  10.  1908,  c.  75,  35  Stat.  40. 


FOREST   SERVICE.  109 

Removal  of  unlawful  Inclosures. 

Sec.  5.  That  the  Pr&sident  is  horeb}^  authorized  to  take  such  meas- 
ures as  shall  be  necessary  to  remove  and  destroy  any  unlawful  in- 
closure  of  any  of  said  lands,  and  to  employ  civil  or  military  force  as 
may  be  necessary  for  that  purpose. 

Act  February  25,  1SS5,  c.  149,  s.  5,  23  Stat.  322. 

Authority  of  Secretary  of  Interior  necessary  to  bring  suits  for  certain  unlawful 
inclosures. 

Sec.  6.  That  where  the  alleged  unlawful  inclosure  includes  less  than 
one  hundred  and  sixty  acres  of  land,  no  suit  shall  be  brought  under 
the  provisions  of  this  act  without  authority  from  the  Secretary  of  the 
Interior. 

Act  February  25,  1885,  c.  149,  s.  6,  23  Stat.  322. 
Pending  suits  not  affected  by  act. 

Sec.  T.  That  nothing  herein  shall  affect  any  pending  suits  to  work 
their  discontinuance,  but  as  to  them  hereafter  they  shall  be  prose- 
cuted and  determined  under  the  provisions  of  this  act. 

Act  February  25,  1885,  c.  149,  s.  7,  23  Stat.  322. 

ACT  JUNE  8,  1906,  c.  3060.     Au  act  for  the  preservation  of  American  antiqui- 
ties.    (34  Stat.  225.) 

Appropriation,    excavation,    injury,    or   destruction    of   objects    of   antiquity   on 
lands  of  United  States  without  permission;  punishment. 

That  any  person  who  shall  appropriate,  excavate,  injure,  or  destroy 
any  historic  or  prehistoric  ruin  or  monument,  or  any  object  of  an- 
tiquity, situated  on  lands  owned  or  controlled  by  the  Government  of 
the  United  States,  without  the  permission  of  the  Secretary  of  the 
Department  of  the  Government  having  jurisdiction  over  the  lands  on 
which  said  antiquities  are  situated,  shall,  upon  conviction,  be  fined  in 
a  sum  of  not  more  than  five  hundred  dollars  or  be  imprisoned  for  a 
period  of  not  more  than  ninety  days,  or  shall  suffer  both  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

Act  June  8,  lOOG.  c.  3060,  s,  1,  34  Stat.  225. 

Historic  landmarks,  etc.,  may  be  declared  national  monuments;   reservation  of 
parcels  of  land;  relinquishment  of  private  claims. 

Sec.  2.  That  the  President  of  the  United  States  is  hereby  author- 
ized, in  his  discretion,  to  declare  by  public  proclamation  historic  land- 
marks, historic  and  prehistoric  structures,  and  other  objects  of  his- 
toric or  scientific  interest  that  are  situated  upon  the  lands  owned  or 
controlled  by  the  Government  of  the  United  States  to  be  national 
monuments,  and  may  reserve  as  a  part  thereof  parcels  of  land  the 
limits  of  which  in  all  cases  shall  be  confined  to  the  smallest  area 
compatible  with  the  proper  care  and  management  of  the  objects  to 
be  protected :  Provided,  That  when  such  objects  are  situated  upon  a 
tract  covered  by  a  bona  fide  unperfected  claim  or  held  in  private 
ownership,  the  tract,  or  so  much  thereof  as  may  be  necessary  for  the 
proper  care  and  management  of  the  object,  may  be  relinquished  to 
the  Government,  and  the  Secretary  of  the  Interior  is  hereby  au- 
thorized to  accept  the  relinquishment  of  such  tracts  in  behalf  of  the 
Government  of  the  United  States. 

Act  June  8,  1906,  c.  3060,  s.  2,  34  Stat.  225. 


110         LAWS  APPLIC-\BLE   TO   DEPAETMENT   OF  AGRICULTUEE. 

Permits  for  examination  of  ruins,  excavation  of  archaeological  sites,  and  gather- 
ing of  objects  of  antiquity. 

Sec.  3.  That  jDermits  for  the  examination  of  ruins,  the  excavation 
of  archaeological  sites,  and  the  gathering  of  objects  of  antiquity  upon 
the  lands  under  their  respective  jurisdictions  may  be  granted  by  the 
Secretaries  of  the  Interior,  Agriculture,  and  War  to  institutions 
■which  they  may  deem  properly  qualified  to  conduct  such  examination, 
excavation,  or  gathering,  subject  to  such  rules  and  regulations  as  they 
may  prescribe:  Provided^  That  the  examinations,  excavations,  and 
gatherings  are  undertaken  for  the  benefit  of  reputable  museums, 
universities,  colleges,  or  other  recognized  scientific  or  educational 
institutions,  with  a  view  to  increasing  the  knowledge  of  such  objects, 
and  that  the  gatherings  shall  be  made  for  permanent  preservation  in 
public  museums. 

Act  June  8,  190G,  c.  3060,  s.  3,  34  Stat.  225. 
Eegulations  for  carrying  out  provisions  of  act. 

Sec.  4.  That  the  Secretaries  of  the  Departments  aforesaid  shall 
make  and  publish  from  time  to  time  uniform  rules  and  regulations 
for  the  purpose  of  carrying  out  the  provisions  of  this  Act. 

Act  June  S,  1906,  c.  3060,  s.  4,  34  Stat.  225. 

ACT  JANUARY  24,  1905,  c.  137.     An  act  for  the  protection  of  wild  animals  and 

birds  in  the  Wichita  Forest  Keserve.     (33  Stat.  614.) 

Authority  to  set  aside  areas  in  Wichita  Forest  Reserve  for  protection  as  breed- 
ing place  for  game  animals  and  birds. 

That  the  President  of  the  United  States  is  hereby  authorized  to 
designate  such  areas  in  the  Wichita  Forest  Eeserve  as  should,  in  his 
opinion,  be  set  aside  for  the  protection  of  game  animals  and  birds 
and  be  recognized  as  a  breeding  place  therefor. 

Act  January  24,  1905,  c.  137,  s.  1,  33  Stat.  614. 

Hunting,  etc.,  and  capturing  game  animals  or  birds  within  areas  set  aside,  pro- 
hibited;  penalty. 

Sec.  2.  That  when  such  areas  have  been  designated  as  provided  for 
in  section  one  of  this  Act,  hunting,  trapping,  killing,  or  capturing 
of  game  animals  and  birds  upon  the  lands  of  the  United  States  within 
the  limits  of  said  areas  shall  be  unlawfid,  except  under  such  regula- 
tions as  may  be  prescribed  from  time  to  time,  by  the  Secretary  of 
Agriculture;  and  any  person  violating  such  regulations  or  the  pro- 
visions of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction  in  any  United  States  court  of  competent  jurisdiction, 
be  fined  in  a  sum  not  exceeding  one  thousand  dollars  or  be  imprisoned 
for  a  period  not  exceeding  one  year,  or  shall  suffer  both  fine  and  im- 
prisonment, in  the  discretion  of  the  court. 

Act  January  24,  1905,  c.  137,  s.  2,  33  Stat.  614. 

Operation   of  local   game   laws   as  to  private,   State,   or  Territorial  lands   not 
aiTected  by  act. 

Sec.  3.  That  it  is  the  purpose  of  this  Act  to  protect  from  trespass 
the  public  lands  of  the  United  States  and  the  ^ame  animals  and  birds 
which  may  be  thereon,  and  not  to  interfere  with  the  operation  of  the 
local  game  laws  as  affecting  private.  State  or  Territorial  lands. 

Act  January  24.  1905,  c.  137,  s.  3,  33  Stat.  614. 


FOREST   SERVICE.  HI 

Proclnni.ition  by  tho  President,  June  2.  1905.  34  Stat.  3002,  designating 
and  setting  aside  Witchita  Forest  lieserve  for  the  in-otection  of  game 
animals  and  birds  and  as  a  breeding  place  therefor,  under  the  act  cited 
above,  is  set  forth  below. 

PROCLAMATION  JUNE  2,   1905.     (34  Stat.  3062.) 

Wichita   Forest  Reserve   set  aside   for  protection   as  breeding  place   for   game 
animals  and  birds. 

Whereas,  it  is  provided  bj^  the  act  of  Congress,  approved  Janu- 
ary twenty-fourth,  nineteen  hundred  and  five,  entitled,  "An  Act  for 
the  protection  of  wild  animals  and  birds  in  the  Wichita  Forest  Ke- 
serve,"  That  the  President  of  the  United  States  is  hereby  authorized 
to  designate  such  areas  in  the  Wichita  Forest  Reserve  as  should,  in 
his  opinion,  be  set  aside  for  the  protection  of  game  animals  and  birds 
and  be  recognized  as  a  breeding  place  therefor. 

*  *  *  *  *  *  * 

And  whereas,  for  the  purpose  of  giving  this  Act  effect,  it  appears 
desirable  that  the  entire  Wichita  Forest  Reserve  be  declared  a  Game 
Preserve ; 

Now,  therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States,  by  virtue  of  the  power  in  me  vested  by  the  aforesaid  Act  of 
Congress,  do  hereby  make  known  and  proclaim  that  the  Wichita 
Forest  Reserve,  in  the  Territory  of  Oklahoma,  is  designated  and  set 
aside  for  the  protection  of  game  animals  and  birds,  and  shall  be 
recognized  as  a  breeding  place  therefor,  and  that  the  hunting,  trap- 
ping, killing  or  capturing  of  game  animals  and  birds  upon  the  lands 
of  the  United  States  within  the  limits  of  said  area  is  unlawful,  ex- 
cept under  such  regulations  as  may  be  prescribed  from  time  to  time 
by  the  Secretary  of  Agriculture. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  2nd  day  of  June,  in  the  year 
of  our  Lord  one  thousand  nine  hundred  and  five,  and  of  the  Inde- 
pendence of  the  United  States  the  one  hundred  and  twenty-ninth. 

T.  Roosevelt. 
Proclamation  Jnne  2,  1905,  34  Stat.  .3062. 

Act  January  25,  1905,  c.  137,  mentioned  in  this  proclamation,  is  set 
forth  above. 

ACT  JUNE  29,  1906,  c.  3593.     ^Vn  act  for  the  protection  of  wild  animals  in  the 
Grand  Canyon  Forest  Reserve.     (34  Stat.  607.). 

Authority  to  set  aside  areas  in  Grand  Canyon  Forest  Reserve  for  protection  as 
breeding  place  for  game  animals. 

That  the  President  of  the  United  States  is  hereby  authorized  to 
desi^ate  such  areas  in  the  Grand  Canyon  Forest  Reserve  as  should, 
in  his  opinion,  be  set  aside  for  the  protection  of  game  animals  and  be 
recognized  as  a  breeding  place  therefor. 

Act  June  29,  1906,  c.  3593,  s.  1,  34  Stat.  607. 

Hunting,  etc.,  and  capturing  game  animals  within  areas  set  aside,  prohibited; 
penalty. 

Sec.  2.  That  when  such  areas  have  been  designated  as  provided  in 
section  one  of  this  Act,  hunting,  trapping,  killing,  or  capturing  of 
game  animals  upon  the  lands  of  the  United  States  within  the  limits 
of  said  areas  shall  be  unlawful,  except  under  such  regulations  as  may 


112  LAWS  APPLICABLE   TO   DEPAKTMENT   OF  AGRICULTUEE. 

be  prescribed  from  time  to  time  by  the  Secretary  of  Agriculture; 
and  any  person  violating  such  regulations  or  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction in  any  United  States  court  of  competent  jurisdiction,  be  fined 
in  a  sum  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
for  a  period  not  exceeding  one  year,  or  shall  suffer  both  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

Act  June  29,  1906,  c.  3593,  s.  2,  34  Stat.  607. 

Operation   of  local  game   laws  as   to  private,   State,   or  Territorial  lands,  not 
affected  by  act. 

Sec.  3.  That  it  is  the  purpose  of  this  Act  to  protect  from  trespass 
the  public  lands  of  the  United  States  and  the  game  animals  "svhich 
may  be  thereon,  and  not  to  interfere  with  the  operation  of  the  local 
game  laws  as  affecting  private,  State,  or  Territorial  lands. 

Act  June  29,  1906,  c.  3593,  s.  3,  34  Stat.  607. 

ProclaiuatiODS  by  the  President,  November  28,  1906,  and  June  23,  1908, 
designating  and  setting  aside  and  enlarging  areas  in  the  Grand  Canyon 
Forest  Reserve  for  the  protection  of  game  animals  and  as  a  breeding  place 
therefor,  under  the  act  cited  above,  are  set  forth  below. 

PROCiiAMATION  NOVEMBER  28,  1906.      (34  Stat.  3263.) 

Lands  in  Grand  Canyon  Forest  Reserve   set  aside  for  protection,  as  breeding 
place  for  game  animals. 

Whereas  it  is  provided  by  the  act  of  Congress,  approved  June 
twenty-ninth,  nineteen  hundred  and  six,  entitled,  "An  Act  For  the 
protection  of  wild  animals  in  the  Grand  Canyon  Forest  Reserve," 
"That  the  President  of  the  United  States  is  hereby  authorized  to 
designate  such  areas  in  the  Grand  Canyon  Forest  Reserve  as  should, 
in  his  opinion,  be  set  aside  for  the  protection  of  game  animals  and  be 
recognized  as  a  breeding  place  therefor. 

Us  ^  «  4c  *  H!  *" 

And  whereas,  for  the  purpose  of  giving  this  Act  effect,  it  appears 
desirable  that  a  part  of  the  Grand  Canyon  Forest  Reserve  be  declared 
a  Game  Preserve. 

Now,  therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States,  by  virtue  of  the  power  in  me  vested  by  the  aforesaid  Act  of 
Congress,  do  hereby  make  known  and  proclaim  that  all  those  lands 
within  the  Grand  Canyon  Forest  Reserve,  Ij'ing  north  and  west  of 
the  Colorado  River,  in  the  Territory  of  Arizona,  are  designated  and 
set  aside  for  the  protection  of  game  animals,  and  shall  be  recognized 
as  a  breeding  place  therefor,  and  that  the  hunting,  trapping,  killing, 
or  capturing  of  game  animals  upon  the  lands  of  the  United  States 
within  the  limits  of  said  area  is  unlawful,  except  under  such  regula- 
tions as  may  be  prescribed  from  time  to  time  by  the  Secretary  of 
Agriculture. 

In  avitness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixt. 

Done  at  the  City  of  Washington  this  '28th  day  of  November,  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  six,  and  of  the  In- 
dependence of  the  United  States  the  one  hundred  and  thirty-first. 

Theodore  Roosevelt. 

Proclamation  November  28,  1900,  34  Stat.  3263. 

Act  June  29,  1906,  c.  3593,  mentioned  in  this  proclamation,  is  set  forth 
above. 


FOREST  SERVICE.  113 

PROCLAMATION  JUNE  23.  1908.      (35  Stat.  2192.) 

Areas  in   Grand   Canyon    Forest  Reserve,   set  aside   for  protection   as   breeding 
place  for  game  animals,  enlarged. 

AViiEREAS.  it  is  provided  by  the  Act  of  Congress,  approved  June 
twenty-ninth,  nineteen  hundred  and  six,  entitled,  "An  Act  for  the 
protection  of  wild  animals  in  the  Grand  Canyon  Forest  Reserve," 
•'  That  the  President  of  the  United  States  is  hereby  authorized  to 
designate  such  areas  in  the  Grand  Canyon  Forest  Reserve  as  should, 
in  his  opinion,  be  ^set  aside  for  the  protection  of  game  animals  and 
be  recognized  as  a  breeding  place  therefor. 

******* 

And  whereas,  the  Grand  Canyon  Game  Preserve,  in  Ihe  Territory 
of  Arizona,  was  established  by  proclamation  dated  November  twenty- 
eighth,  nineteen  hundred  and  six : 

And  wherea«,  for  the  purpose  of  giving  the  said  Act  greater  effect, 
it  appears  desirable  to  enlarge  the  said  Game  Preserve,  in  the  Terri- 
tory of  Arizona,  by  including  therein  certain  additional  lands; 

Now.  therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States  of  America,  by  virtue  of  the  power  in  me  vested  by  the  afore- 
said Act  of  Congre-s,  do  hereby  proclaim  that  all  those  lands  within 
the  area  of  the  Grand  Canyon  National  Game  Preserve,  as  indicated 
on  the  attached  diagram,  are  designated  and  set  aside  for  the  protec- 
tion of  game  animals,  and  shall  be  recognized  as  a  breeding  place 
therefor,  and  that  the  hunting,  trapping,  killing,  or  capturing  of 
game  animals  upon  the  lands  of  the  United  States  within  the  limits 
of  said  area  is  unlawful,  except  under  such  regulations  as  may  be 
prescribed  from  time  to  time  by  the  Secretary  of  Agriculture. 

Ix  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  23d  day  of  June,  in  the  year 
of  our  Lord  one  thousand  nine  hundred  and  eight,  and  of  the  In- 
dependence of  the  United  States  the  one  hundred  and  thirty-second. 

Theodore  Rooseveet. 
Proclamation  June  23,  1908,  35  Stat.  2102. 

Act  June  29,  1906,  c.  3593,  mentioned  in  this  proclamation,  is  set  forth 
above. 

ACT  FEBRUARY  6.  1905.  c.  456.  An  act  for  the  protection  of  the  public  forest 
reserves  and  national  parks  of  the  United  States.     (33  Stat.  700.) 

Forest  Service  employees  authorized  to  make  arrests  for  violations  of  laws  and 
regulations  relating  to  forest  reserves;  proceedings  thereon. 

That  all  persons  employed  in  the  forest  reserve  and  national  park 
service  of  the  United  States  shall  have  authority  to  make  arrests  for 
the  violation  of  the  laws  and  regulations  relating  to  the  forest  re- 
serves and  national  parks,  and  any  person  so  arrested  shall  be  taken 
before  the  nearest  United  States  commissioner,  within  whose  juris- 
diction the  re^^ervation  or  national  park  is  located,  for  trial;  and 
upon  sworn  information  by  any  competent  person  any  United  States 
commissioner  in  the  proper  jurisdiction  shall  issue  process  for  the  ar- 
rest of  any  person  charged  with  the  violation  of  said  laws  and  regu- 
lations; but  nothing  herein  contained  shall  be  construed  as  prevent- 

71657—13 S 


114         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

ing  the  arre.'-t  bj-  any  officer  of  the  United  States,  without  process,  of 
any  person  taken  in  the  act  of  violating  said  laws  and  regulations. 

Act  February  G.  1005,  c.  45G,  33  Stat.  700. 

These  provisions  are  reijeated  in  the  same  language  in  the  agricultural 
ai»])roi)riatioa  act  for  the  fiscal  vear  lOOC.  act  March  3,  1905,  c.  1405,  83 
Stat.  873. 

ACT  MAY  23,  1908,  c.  192.      (35  Stat.  251.) 

Forest  Service  officials  to  aid  in  enforcement  of  local  laws  relating  to  stock, 
prevention  and  extinguishment  of  forest  fires,  and  protection  of  fish  and 
game,  and  with  respect  to  national  forests,  to  aid  other  Federal  bureaus 
and  departments. 

*  *■•  *  hereafter  officials  of  the  Forest  Service  designated  by 
the  Secretary  of  Agriculture  shall,  in  all  ways  that  are  practicable, 
aid  in  the  enforcement  of  the  laws  of  the  States  or  Territories  with 
regard  to  stock,  for  the  prevention  and  extinguishment  of  forest  fires, 
and  for  the  protection  of  fish  and  game,  and  with  respect  to  National 
Forests,  shall  aid  the  other  Federal  Bureaus  and  Departments  on 
request  from  them,  in  the  performance  of  the  duties  imposed  on  them 
by  law .     *     *     * 

Act  May  23,  1908,  c.  192,  35  Stat.  259. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1009,  cited  above.  Pi*evions  similar  provisions  for  aiding  in  the 
enforcement  of  the  laws  of  the  States  or  Territories,  without  the  word 
"  hereafter,"  are  contained  in  the  similar  appropriation  acts  for  the 
fiscal  years  1006  and  1007.  and  a  similar  provision  in  the  act  for  the 
fiscal  year  1008.  with  the  word  '"  here.ifter."  are  s"upersede<l  l^y  the  pro- 
vision set  forth  a.bove. 

Previous  to  the  transfer  of  the  execution  of  laws  afi'ecting  forest  re- 
serves to  the  Secretary  of  Agriculture  by  act  February  1,  1905,  c.  288, 
provisions  requiring  forest  agents,  superintendents,  and  supervisors,  etc., 
under  the  Secretary  of  the  Interior  to  aid  in  the  enforcement  of  the 
laws  of  States  or  Territories  in  relation  to  the  pi'otection  of  fish  and 
game,  were  contained  in  the  sundry  civil  appropriation  acts  for  the  fiscal 
years  1900  to  1905,  inclusive. 

ACT  JUNE  27,  1902,  c.  1157.      (32  Stat.  400.) 

Reservation  of  a  portion  of  the  standing  timber  on  certain  lands  selected  by 
the  Forester  of  the  Department  of  Agriculture  as  forestry  lands;  addi- 
tional reservation  of  certain  timber  and  land  from  sale  and  settlement. 

*  *  *  That  in  cutting  the  timber  on  two  hundred  thousand 
acres  of  the  pine  lands,  to  be  selected  as  soon  as  practicable  by  the 
Forester  of  the  Department  of  Agriculture,  with  the  ai)proval  of 
the  Secretary  of  the  Interior,  on  the  following  reservations,  to  wit, 
Chipj)ewas  of  .the  Missis.sippi,  Ix^ech  Lake,  Cass  Lake,  and  Winne- 
bigoshi.sh,  which  said  lands  so  .selected  shall  be  known  and  hereinafter 
described  as  "■  forestry  lands,"  the  purchaser  shall  be  required  to 
leave  standing  five  per  centum  of  the  i)ine  timber  thereon  for  the  pur- 
pose of  reforestation,  as  hereinafter  ])rovided,  said  five  per  centum 
to  be  selected  and  reserved  in  such  manner  and  under  such  rules  and 
I'egiilations  as  may  be  jirescribed  by  the  Forester  of  the  Department 
of  Agriculture  and  approved  by  the  Secrctarv  of  the  Interior:  Pro- 
vided further.  That  there  .shall  be  resei*A'cd  from  sale  or  settlement 
the  timber  and  land  on  the  islands  in  Cass  Lake  and  in  Leech  Lake, 
and  not  less  than  one  hundred  and  sixty  acres  at  the  extremity  of 
Sugar  Point,  on  Leefh  Lake,  and  the  jUMiinsula  known  as  Pine  Point, 
on  wliich  the  new  Leech  Lake  Agency  is  now  located,  which  peninsula 
apj)roxin\ates  seven  thousand  acres,  and  in  addition  thereto  ten  sec- 


FOREST   SERVICE.  115 

tioiis  ill  area  on  said  restu'vations  last  aforesaid,  lo  be  selected  by  the 
Forester  of  the  Department  of  Agriculture,  with  the  approval  of  the 
Secretary  of  the  Interior,  in  lots  not  less  than  three  hundred  and 
twenty  acres  each  in  contiguous  areas,  and  nothing  herein  contained 
shall  interfere  with  the  allotments  to  the  Indians  heretofore  and  here- 
after nuide.  The  islands  in  Cass  and  Leech  lakes  and  the  land  re- 
served at  Sugar  Point  and  Pine  Point  Peninsula  sliall  remain  as 
Indian  land  under  the  control  of  the  Department  of  the  Interior. 

*  *  *  *  *  :^  ;t! 

Lands  reserved  as  forest  reserve  after  removal  of  merchantable  pine  timber; 
removal  of  timber  under  supervision  and  direction  of  the  Forester  of  the 
Department  of  Agriculture. 

After  the  merchantitble  pine  timber  on  any-  tract,  subdivision,  or  lot 
shall  have  been  removed,  such  tract,  subdivision,  or  lot  shall,  except 
on  the  forestry  lands  aforesaid,  for  the  purposes  of  this  Act,  be  classed 
and  treated  as  agricultural  lands,  and  shall  be  opened  to  homestead 
entry  in  accordance  with  the  provisions  of  this  Act :  Provided,  That 
on  the  forestry  lands  aforesaid,  as  soon  as  the  merchantable  pine  tim- 
ber now  thereon  shall  have  been  removed  from  any  tract,  subdivision, 
or  lot,  as  herein  provided,  such  tract,  subdivision,  or  lot  shall,  without 
further  Act,  resolution,  or  proclamation,  forthwith  become  and  be 
part  of  a  forest  reserve,  the  same  as  though  set  apart  by  proclamation 
of  the  President  in  accordance  with  the  Act  of  Congress  approved 
March  third,  eighteen  hundred  and  ninety-one,  and  subsequent  laws 
amending  and  supplementing  the  same,  and  shall  be  managed  and 
protected  in  accordance  with  their  provisions  and  the  rules  and  regu- 
lations made  and  to  be  made  in  furtherance  thereof:  And  provided 
further,  That  on  said  forestry  lands  aforesaid  said  pine  timber  shall 
be  cut  clean,  except  as  to  the  five  per  centum  as  hereinbefore  provided, 
and  removed  nnder  the  supervision  and  direction  of  the  Forester  of 
the  Department  of  Agriculture,  in  accordance  with  rules  and  regula- 
tions to  be  prescribed  by  him  and  approved  by  the  Secretaiy  of  the 
Interior,  and  the  said  Forester  shall  have  power  at  all  times  to  patrol 
and  protect  said  lands  and  forests,  and  to  enforce  all  rules  and  regula- 
tions made  by  him  as  aforesaid. 

The  provisions  of  act  March  3,  1891,  c.  5G1,  s.  24,  mentiouecl  above,  are 
set  forth  on  p.  87,  ante. 

Certain  agricultural  lands  open  to  homestead  settlement;  agricultural  lands 
within  or  contiguous  to  forestry  lands  and  designated  by  the  Forester  of 
the  Department  of  Agriculture,  excepted. 

As  soon  as  practicable  after  the  passage  of  this  Act  the  Secretary 
of  the  Interior  shall  open  to  homestead  settlement,  as  herein  provided, 
the  lands  on  all  tlie  reservations,  or  portions  of  reservations,  which 
have  been  ceded  to  the  United  States  by  the  Chippewa  Indians  in 
INIinnesota,  including  the  four  reservations  last  aforesaid,  which  have 
been  examined  and  found  to  be  agricultural  lands,  and  shall  iTnme- 
diately  proceed  to  have  examined,  as  herein  provided,  the  remaining 
lands,'  and  shall  without  delay  open  to  homestead  settlement  those 
found  to  be  agricultural  lands:  Provided,  That  on  the  four  reserva- 
tions last  aforesaid,  where  agricultural  lands  are  included  within 
or  contiguous  to  forestry  lands  and  are,  in  the  o  Mnion  of  the  Forester 
of  the  Agricultural  Department,  necessary  to  the  economical  admin- 
istration and  protection  of  the  same,  said  Forester  shall,  as  soon  as 


116         LAWS  APPLICABLE   TO   DEPAETMENT   OF   AGEICULTUEE. 

practicable  after  the  passage  of  this  Act  as  to  those  lands  which  have 
already  been  examined,  and  as  to  the  lands  not  yet  examined  imme- 
diately after  the  examination  and  approval  of  the  lists  of  said  lands, 
of  which  approval  said  Forester  shall  be  immediately  notified  by 
the  Secretary  of  the  Interior,  file  with  the  Secretary  of  the  Interior 
schedules  designating  according  to  Government  subdivisions  said 
agricultural  lands,  not  to  exceed  fifteen  thousand  acres  of  the  lands 
already  examined  and  not  to  exceed  ten  thousand  acres  of  the  lands 
yet  to  be  examined,  which  said  agricultural  lands  so  designated  shall 
not  be  offered  for  entry  and  settlement,  but  shall  become  and  be  a 
part  of  the  forest  reserve  hereinbefore  created. 

:>:  ^  :):  4c  :ic*:)c  if: 

Payment  of  expenses. 

All  the  expenses  incurred  in  carrying  out  the  provisions  of  this 
Act  as  to  the  examining  and  listing  of  said  lands,  and  the  selling, 
cutting,  and  scaling  of  said  timber,  shall  be  paid  by  the  Secretary  of 
the  Interior  out  of  the  proceeds  of  the  sale  of  said  timber:  Provided^ 
That  no  expense  arising  out  of  the  forestry  provision  shall  be  charged 
to  the  Indians. 

Act  June  27,  1902,  c.  1157,  s.  2.  32  Stat.  402. 

These  are  provisions  of  an  act  entitled  "An  act  to  amend  an  act 
entitled  'An  act  for  the  relief  and  civilization  of  the  Chippewa  Indians 
in  the  State  of  Minnesota,'  approved  January  fourteenth,  eighteen  hun- 
dred and  eighty-nine."  Tiiese  provisions  are  amended  by  provisions  of 
act  May  23.  1908,  c.  193,  and  act  June  25,  1910,  c.  431.  set  forth  below. 

ACT  MAY  23,  1908,  c.  193.  An  act  amending  the  act  of  January  fourteenth, 
eighteen  hundred  and  eighty-nine,  and  acts  amendatory  thereof,  and  for 
other  purposes.     (35  Stat.  268.) 

Establishment  of  a  national  forest  in  Minnesota;  description  of  lands  included. 

That  there  is  hereby  created  in  the  State  of  Minnesota  a  national 
forest  consisting  of  lands  and  territory  described  as  follows,  to  wit : 

Beginning  at  a  point  where  the  north  line  of  section  thirty-one 
in  township  one  hundred  and  forty-eight  north,  range  twenty-eight 
"west,  fifth  principal  meridian,  intersects  the  low  water  mark  of  the 
lake  formed  by  the  waters  of  Third  Eiver;  thence  easterly  along  the 
north  line  of  sections  thirty-one,  thirty-two,  thirt^'^-three,  thirty-four, 
thirty-five,  and  thirty-six  in  township  one  hundred  and  forty-eight 
north,  ranges  twenty-eight  and  twentj'-seven  west,  continuing  easterly 
along  the  north  line  of  section  thirty-one  in  township  one  hundred 
and  forty-eight  north,  range  twenty-six  west,  to  a  point  where  said 
line  intersects  the  low  water  mark  of  Bow  String  Lake  on  the  west 
shore ;  thence  southerly  along  the  west  side  of  said  lake  at  low  water 
mark  to  a  point  where  it  crosses  the  section  line  between  sections 
sixteen  and  seventeen  in  township  one  hundred  and  forty-seven  north, 
range  twenty-six  west;  thence  southerly  along  the  section  line  on 
the  east  side  of  sections  seventeen,  twenty,  twonty-nine,  and  thirty- 
two  in  township  one  hundred  and  forty-seven  north,  range  twenty- 
six  west,  and  continuing  southerly  along  the  east  side  of  sections 
five,  eiffht,  seventeen,  twentv.  twenty-nine,  and  thirty-two,  town- 
ship  one  hundred  and  forty-six  north,  range  twenty-SLX  west,  con- 
tinuing southerly  along  the  east  line  of  sections  five,  eight,  seven- 
teen, twenty,  and  twenty-nine,  township  one  hundred  and  forty-five 
north,  range  twenty-six  west  to  a  point  at  the  low  water  mark  on 


FOREST   SERVICE.  117 

^    I 

the  right  bank  of  the  Mississippi  River  on  the  section  line  between 
sections  twenty-eight  and  twenty-nine  in  said  township;  thence 
southeasterly  along  the  right  bank  of  the  Mississippi  Kiver  at  low 
water  mark  to  its  continence  with  Leech  Lake  lliver  in  section  twelve 
in  township  one  hundred  and  forty-four  north,  range  twenty-six 
west ;  thence  southwesterly  along  the  right  bank  of  Leech  Lake  River 
along  the  low  water  mark  to  Mud  Lake;  thence  along  the  line  of  low 
water  mark  of  Mud  Lake  on  its  northern  and  western  shores  to  the 
point  where  Leech  Lake  Ri^-er  empties  into  the  same  on  fractional 
section  thirty-two,  township  one  hundred  and  forty-four  north, 
range  twenty-six  west;  thence  up  said  river  along  the  low  water 
mark  on  the  right  bank  thereof  to  a  point  in  fractional  section  twenty- 
nine  where  the  line  intersects  the  low  water  mark  of  Leech  Lake; 
thence  in  a  northwesterly  and  southwesterly  direction  following  the 
contours  of  said  lake  at  Ioav  water  mark  to  the  point  at  low  water 
mark  on  the  shore  of  said  lake  on  the  northeast  boundary  of  the 
ceded  Leech  Lake  Indian  Reservation  on  section  line  between  sec- 
tions five  and  eight,  township  one  hundred  and  forty-three  north, 
range  twenty-nine  west;  thence  in  a  southAvesterly  direction  follow- 
ing the  contours  of  said  lake  at  low  water  mark  to  the  point  on 
said  lake  at  the  southwestern  extremity  of  Ottertail  Point;  thence 
southwesterly  in  a  direct  line  to  the  southern  extremity  of  section 
twenty-five  in  township  one  hundred  and  forty-three  north,  range 
thirty-one  west;  thence  in  a  westerl}'  direction  along  the  contour  of 
said  lake  to  the  southwestern  extremity  of  section  twenty-six  in  said 
township;  thence  in  a  northerly  and  westerly  direction  along  the 
contour  of  said  lake  at  low  water  mark  to  a  point  where  the  center 
line  through  section  two,  running  in  a  north  and  south  direction  in 
township  one  hundred  and  fortj^-three  north,  range  thirty-one  west 
intersects  the  low  water  mark  of  Leech  Lake ;  thence  northerly  through 
the  middle  of  said  section  two  to  the  shore  of  a  small  lake  at  low  water 
mark;  thence  along  the  east  shore  of  said  lake  at  low  water  line  to  a 
point  where  the  section  line  between  sections  thirty -five  and  thirty-six, 
township  one  hundred  and  forty-four  north,  range  thirty-one  west, 
intersects  low  water  mark  of  said  lake  on  north  shore;  thence  north- 
erly on  section  line  between  sections  thirty-five,  thirty-six,  twenty-five, 
and  twenty-six  to  the  low  water  mark  at  the  shore  of  a  small  lake; 
thence  northerl}^  along  the  east  side  of  said  lake  to  a  point  where  the 
section  line  between  sections  twenty-five  and  twentj^-six  intersects  the 
low  water  mark  of  said  lake  in  said  township ;  thence  northerly  along 
the  east  line  of  sections  twenty-six,  twenty-three,  and  fourteen  to  a 
point  on  the  east  line  of  section  fourteen,  twenty  chains  north  of  the 
southeast  corner  of  section  fourteen ;  thence  west  twenty  chains :  thence 
north  twenty  chains ;  thence  west  twenty  chains ;  thence  northerly  along 
the  east  side  of  a  small  lake  to  a  point  where  the  center  line  running  in  a 
north  and  south  direction  through  section  fourteen  intersects  the  north 
side  of  said  lake  at  low  water  mark;  thence  northerly  along  the  center 
line  of  said  section  through  section  eleven  to  the  quarter  corner  between 
sections  two  and  eleven  of  said  toAvnship ;  thence  westerly  to  a  point 
twenty  chains  west  of  the  northwest  corner  of  section  eleven ;  thence 
north  forty  chains;  thence  west  twenty  chains;  thence  north  to  a  point 
where  the  center  line  running  in  a  north  and  south  direction  in  section 
three  intersects  the  township  line  between  townships  one  hundred  and 
forty-four  and  one  hundred  and  forty-five  north,  range  thirty-one 
west ;  thence  westerly  to  the  quarter  quarter  corner  on  the  township 


118  .      LAWS   APPLICABLE   TO   DEPAETMENT   OF   AGRICULTURE. 

line  in  the  southeast  quarter  of  section  thirty-four  in  township  one 
hundred  and  fortA'-five  north,  range  thirty-one  west ;  thence  north 
twenty  chains:  thence  west  forty  chains:  thence  north  twenty  chains; 
thence  west  twenty  chains  to  the  quarter  corner  between  sections  thirty- 
three  and  thirty-four  in  said  township  and  range;  thence  northerly 
along  the  cast  line  of  sections  thirty-tiiree.  twenty-eight,  twenty-one 
and  sixteen  in  said  township  to  a  point  where  it  intersects  the  right- 
of-way  of  the  Great  Northern  Railway  as  at  present  located ;  thence 
easterly  along  said  right-of-way  to  a  point  where  it  intersects  the 
shore  of  Cass  Lake  at  low  water  mark  in  section  fifteen,  township  one 
hundred  and  fort^'-five  north,  range  thirt^'-one  west;  thence  northerl}- 
along  the  west  shore  of  Cass  Lake  and  the  south,  west  and  north  shore 
of  Allen's  Bay  and  the  northwest  shore  of  Cass  Lake  to  a  point  along 
the  contour  of  said  lake  at  low  water  mark  at  the  head  of  the  Missis- 
sippi River,  apjoroximately  in  section  twenty-one,  township  one  hun- 
dred and  forty-six  north,  range  thirty  west;  thence  easterly  along  the 
right  bank  of  said  river  to  a  point  where  the  range  line  between  ranges 
twenty-nine  and  thirty  west  intersects  said  river;  thence  northerly 
along  the  range  line  to  the  northwest  corner  of  section  nineteen  in 
township  one  hundred  and  forty-seven  north,  range  twenty-nine  west; 
thence  easterlv  along  the  north  line  of  sections  nineteen,  twentv.  twenty- 
one,  twenty-two,  tv>enty-three  and  twenty-four  in  said  township  and 
along  the  north  side  of  sections  nineteen  and  twenty  in  township  one 
hundred  and  forty-seven  north,  range  twenty-eight  west  to  a  point 
where  said  line  intersects  the  left  bank  of  Third  River  at  low  water 
mark;  thence  northerly  along  the  right  bank  of  Third  River  to  the 
contour  line  at  low  Avater  mark  of  the  lake  formed  by  the  waters  of 
Third  River;  thence  southeasterly  and  northerly  along  the  contour 
line  of  said  lake  to  the  point  of  beginning;  and  it  is  the  intent  of  this 
Act  to  include  in  said  national  forest  and  make  a  part  thereof  all  that 
certain  territory  and  land  which  has  heretofore  been  selected  by  the 
Forester  of  the  Department  of  Agriculture  as  the  ten  sections  situated 
in  townships  one  hundred  and  forty-four,  one  hundred  and  forty-five, 
and  one  hundred  and  forty-six  north,  ranges  thirty  and  thirty-one 
west  of  the  fifth  principal  meridian  in  jSIinnesota  and  designated  as 
being  the  ten  sections  referred  to  and  authorized  to  be  selected  by 
section  two  of  the  Act  approved  tTune  twenty-seventh,  nineteen  hun- 
dred and  two,  being  chapter  eleven  hundred  and  fifty-seven,  United 
States  Statutes  at  Large,  volume  thirty-two,  entitled  "An  act  to  amend 
an  Act  entitled  'An  Act  for  the  relief  and  civilization  of  the  Chippewa 
Indians  in  the  State  of  INIinnesota  ' ",  approved  January  fourteenth, 
eighteen  hundred  and  eighty-nine:  and  also  all  the  island-^  in  Ca-s 
Lake  in  the  State  of  Alinnesota. 

And  in  addition  to  the  lands  and  territory  above  describetl.the  lands 
described  by  section  two  of  said  Act  of  June  twenty-seventh,  nineteen 
hundred  and  two.  as  follows:  "One  hundred  and  sixty  acres  at  the 
extremity  of  Sugar  Point,  on  Leech  Lake,  and  the  peninsula  known  as 
Pine  Point,  on  which  the  new  Leech  Lake  Agency  is  now  located  " 
shall  be  included  in  and  are  hereby  made  a  part  of  said  national 
forest:  Pror'ulcd,  That  this  Act  shall  not  in  any  nuinner  abridge  the 
right  of  citizens  to  the  use  of  the  west  and  northwesterly  shores  of 
Cass  Lake. 

Act  ^^;l.v  2:3.  IDOS.  c.  19.^.  s.  1.  35  Stat.  208. 

Provisions  of  iu-t  .Tune  27,  11)02,  c.  1157,  s.  2,  rueutioued  iu  this  section, 
are  set  fortli  above. 


FOREST   SERVICE.  119 

Secretary  of  the  Interior  authorized  to  sell  pine  timber  outside  of  lands  set 
aside  as  forest  reserve,  and  reservation  of  a  portion  thereof  selected  by  the 
Forester  of  the  Department  of  Agriculture;  the  Forester  of  the  Department 
of  Agriculture  authorized  to  sell  and  dispose  of  standing  timber  within 
the  forest  reserve;  commission  for  appraisal  of  portion  of  timber  previously 
reserved  from  sale;  funds  deposited  to  credit  of  Chippewa  Indians. 

Sec.  2.  The  Seci-etary  of  the  Interior  is  hereby  authorized  to  pro- 
ceed with  the  sale  of  tlie  merchantable  pine  timber  upon  the  above- 
described  land  outside  of  said  ten  sections  and  said  islands  and  points, 
in  conformity  with  the  provisions  of  said  Act  above  entitled,  and 
reserving  ten  per  centum  of  such  timber  from  sale,  said  ten  percentum 
to  be  desiijnated  by  the  Forester  of  the  United  States  Department  of 
Agriculture;  and  as  to  the  timber  upon  said  ten  sections  and  said 
islands  and  points,  the  said  Forester  is  authorized,  under  such  rules 
and  regulations  us  he  may  prescribe  from  time  to  time  to  sell  and  dis- 
po.-;e  of  so  much,  of  the  standing  timber  thereon  as  he  may  deem  wise 
and  advisable  in  the  conduct  of  a  National  Forest:  Provided^  That  a 
connnission  of  three  persons  shall  at  once  be  appointed,  consisting  of 
one  person  to  be  designated  by  the  President,  one  by  the  Secretary  of 
the  Interior,  and  one  by  a  general  council  of  the  Indians  of  the 
"Winnibigoshish,  Cass  Lake,  Chippewas  of  the  JNIi&sissippi  Reser- 
vation, and  Leech  Lake  Reservation  to  be  held  under  the  direction 
of  the  agent  at  Leech  Lake  Indian  Agency;  and  said  commissioners 
shall  proceed  forthvrith  to  appraise  the  value  of  the  five  per  centum 
of  timber  heretofore  reserved  from  sale  by  the  provisions  of  said 
Act  entitled  "An  Act  to  amend  an  Act  entitled  'An  Act  for  the 
relief  and  civilization  of  the  Chippewa  Indians  in  the  State  of 
Minnesota.'  "  approved  January  fourteenth,  eighteen  hundred  and 
eighty-nine,  and  the  ten  per  centum  hereafter  reserved  under  the  pro- 
visions of  this  Act,  and  the  timl^er  upon  said  ten  sections  and  upon 
the  unappropriated  lands  on  said  ishinds  and  points,  and  shall  ascer- 
tain the  acreage  of  actual  land  included  under  the  provisions  of  this 
Act  and  to  the  estimated  value  of  said  five  per  centum  of  timber 
reserved  under  the  said  Act  entitled  "An  Act  to  amend  an  Act  enti- 
tled 'An  Act  for  the  relief  and  civilization  of  the  Chippewa  Indians 
in  the  State  of  Minnesota,'  "  approved  January  fourteenth,  eighteen 
hundred  and  eighty-nine,  and  the  ten  per  centum  reserved  under  this 
Act  and  the  estimated  value  of  timber  upon  said  ten  sections  and  upon 
the  unappropriated  lands  on  said  islands  and  points,  to  the  sum  of  the 
values  of  the  timber  .so  estimated  shall  add  an  amount  equal  to  one 
dollar  and  twenty-five  cents  for  each  and  every  acre  of  land  not  other- 
wise appropriated  which  they  find  covered  by  the  provisions  of  this 
Act.  and  shall  certify  the  same  to  the  Secretaiy  of  the  Interior.  The 
Indians  designated  in  this  section,  acting  through  a  representative 
who  shall  serve  without  compensation,  to  be  named  by  them  at  the 
time  of  their  appointment  of  the  commissioner  herein,  shall  have 
sixtv  days  in  which  to  appeal  to  the  President  of  the  United  States 
from  the  findings  of  said  commissioners,  as  certified  to  the  Secretary 
of  the  Interior.  At  the  end  of  said  sixty  days,  if  no  appeal  has  been 
taken  or  if  an  appeal  has  been  taken,  then,  upon  the  determination 
thereof  bv  the  President,  the  Secretary  of  the  Interior  shall  certify 
the  amount  found  bv  said  commissioners,  or  if  modified  by  the  Presi- 
dent the  amount  detennined  by  him,  to  the  Secretary  of  the  Treasury, 
who  shall  thereupon  place  such  amount  to  the  credit  of  all  the  Chip- 


120         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTUEE. 

pewa  Indians  in  the  State  of  Minnesota  as  a  part  of  the  permanent 
fund  of  said  "All  of  the  Chippewa  Indians  in  the  State  of  Minne- 
sota "  provided  for  in  an  Act  of  Congress  entitled  "An  Act  for  the 
relief  and  civilization  of  the  Chippewa  Indians  in  the  State  of  Minne- 
sota," approved  January  fourteenth,  eighteen  hundred  and  eighty- 
nine,  and  the  Acts  supplementaiy  thereto,  and  the  amounts  so  certi- 
fied to  the  Secretary  of  the  Treasury  shall  draw  interest  at  the  rate 
of  five  per  centum  per  annum,  pursuant  to  the  terms  of  said  Acts. 

Act  May  23,  1908,  c.  193,  s.  2,  35  Stat.  270. 
See  note  under  section  1  of  this  act. 

Selections  of  allotments  outside  of  the  national  forest  by  Indians  in  lieu  of 
allotments  within  the  national  forest. 

Sec.  3.  That  any  Indian  having  an  allotment  within  the  limits  of 
the  National  Forest  created  by  this  Act  is  hereby  authorized  to  re- 
linquish such  allotment  and  permitted  to  take  another  allotment  in 
lieu  thereof  outside  such  National  Forest,  under  the  direction  of  the 
Secretary  of  the  Interior;  and  the  allotments  of  any  deceased  Indians 
located  within  the  boundaries  of  said  National  Forest  shall  not  here- 
after be  disposed  of  under  section  seven  of  the  Act  of  June  twenty- 
seventh,  nineteen  hundred  and  two  (volume  thirty-second  Statutes 
at  Large,  page  two  hundred  and  forty-five)  ;  but  the  heirs  of  said 
deceased  Indians  shall  have  the  right,  with  the  consent  of  the  Secre- 
tary of  the  Interior  and  under  such  rules  as  he  may  prescribe,  to 
relinquish  to  the  United  States  the  lands  covered  by  such  allotments 
and  to  select  surveyed,  unappropriated,  unreserved  land  within  the 
limits  of  any  of  the  ceded  Indian  lands  in  the  State  of  Minnesota  and 
outside  of  the  National  Forest  hereby  created  in  lieu  of  the  land  cov- 
ered by  such  allotments ;  and  the  lands  so  relinquished  by  the  Indians 
or  their  heirs  shall  thereupon  become  part  of  the  said  National  Forest. 
And  the  Secretary  of  the  Interior  is  hereby  authorized  on  request 
of  the  Forester  of  the  Department  of  Agriculture  to  purchase  such 
relinquishments  from  said  Indians  or  their  heirs  and  to  pay  for  the 
same  from  any  moneys  received,  after  the  appraisal  of  timber  herein 
provided  for,  on  account  of  the  sale  of  timber  from  the  National 
Forest  hereby  created,  or  from  the  sale  of  any  other  products  or  the 
use  of  any  lands  or  resources  thereof. 

Act  May  23,  1908,  c.  193,  s.  3,  35  Stat.  271. 
See  note  under  section  1  of  this  act. 

Ag^ricultural  land  not  included  within  the  national  forest  open  to  homestead 
settlement. 

Sec.  4.  That  all  land  in  any  of  said  reservations,  the  Winnibigosh- 
ish  Indian  Reservation,  Cass  Lake  Indian  Reservation,  Chippewas  of 
the  Mississippi  Reservation,  or  Leech  Lake  Indian  Reservation  not 
included  in  the  National  Forest  hereby  created  as  above  described, 
heretofore  cla.ssified  or  designated  as  agricultural  lands,  is  hereby 
declared  to  be  open  to  homestead  settlement;  and  any  of  said  land 
which  has  been  classified  as  timber  land  shall  be  open  to  homestead 
settlement  as  soon  and  as  fast  as  the  timber  is  removed  therefrom,  in 
conformity  with  the  homestead  law,  except  that  none  of  said  lands 
shall  be  disposed  of  except  on  payment  of  one  dollar  and  twenty-five 
cents  per  acre. 

Act  May  23,  1908,  c.  193,  s.  4,  35  Stat.  .272. 


I 


FOREST   SERVICE.  121 

Receipts  from  prior  sales  of  timber  from  the  lands  set  aside  as  a  national  forest 
credited  to  Chippewa  Indians;  subsequent  receipts  subject  to  general  laws 
and  regulations  governing  natioual  forests. 

Sec.  5.  That  all  moneys  received  from  the  sale  of  timber  from  any 
of  the  lands  set  aside  by  this  Act  for  a  National  Forest,  prior  to  the 
appraisal  herein  provided  for,  including  all  moneys  received  for  tim- 
ber under  sales  made  by  the  Secretary  of  the  Interior  as  authorized 
by  existing  laws  and  section  two  of  this  Act,  shall  be  placed  to  the 
credit  of  the  Chippewa  Indians  in  the  State  of  Minnesota,  as  pro- 
vided for  in  an  Act  of  Congress  entitled  "An  Act  for  the  relief  and 
civilization  of  the  Chippewa  Indians  in  the  State  of  Minnesota," 
approved  January  fourteenth,  eighteen  hundred  and  eighty-nine; 
and  the  Acts  supplementary  thereto,  and  shall  draw  interest  at  the 
rate  of  five  per  centum  jier  annum,  pursuant  to  the  terms  of  said  Acta; 
and  after  said  appraisal  the  National  Forest  hereby  created,  as  above 
described,  shall  be  subj'ect  to  all  general  laws  and  regulations  from 
time  to  time  governing  national  forests,  so  far  as  said  laws  and  regu- 
lations may  be  applicable  thereto. 

Act  May  23,  190S,  c.  193,  s.  5,  35  Stat.  272. 
Compensation  of  commission  for  appraisal  of  timber  reserve. 

Sec.  6.  That  the  commissioners  provided  for  herein  shall  receive  a 
compensation  of  ten  dollars  per  da}'^  each  for  each  and  every  day 
actuallj'^  spent  upon  the  work  herein  provided  for,  which  shall  be  paid 
out  of  any  money  in  the  Treasury  of  the  United  States  not  otherwise 
appropriated,  and  no  commissioner  shall  be  paid  for  more  than  ten 
days'  service. 

Act  May  23,  1908,  c.  193,  s.  6.  35  Stat.  272. 
Indian  burial  places  within  the  national  forest. 

Sec.  7.  None  of  the  Indian  graves  now  upon  any  of  the  islands  or 
points  referred  to  in  this  Act  shall  be  disturbed  and  the  Indians  shall 
continue  to  have  the  right  to  bury  their  dead  at  such  places  as  they 
have  heretofore  used  for  that  purpose,  under  the  rules  and  regulations 
to  be  prescribed  by  the  Forest  Service. 

Act  May  23,  1908,  c.  193,  s.  7,  35  Stat.  272. 
United  States  not  bound  to  purchase  land  excluded  from  the  national  forest. 

Sec.  8.  That  nothing  in  this  Act  contained  shall  m  any  manner 
bind  the  United  States  to  purchase  any  of  the  land  in  said  reserva- 
tions excluded  from  the  reserve  created  by  this  Act,  or  to  dispose  of 
said  land,  except  as  provided  by  the  Act  of  January  fourteenth, 
eighteen  hundred  and  eighty-nine,  entitled  "An  Act  for  the  relief 
and  civilization  of  the  Chippewa  Indians  in  the  State  of  Minnesota," 
and  an  Act  of  June  twenty-seventh,  nineteen  hundred  and  two,  en- 
titled "An  Act  to  amend  an  Act  for  the  relief  and  civilization  of 
the  Chippewa  Indians  in  the  State  of  Minnesota,"  or  the  provisions 
of  this  Act ;  or  to  guarantee  to  find  purchasers  for  said  lands  or  any 

gortion  thereof,  it  being  the  intention  of  this  Act  that  the  United 
tates  shall  act  as  trustee  for  said  Indians  to  dispose  of  the  said 
lands  and  the  timber  thereon,  and  to  dispose  of  the  proceeds  thereof, 
as  provided  in  said  Acts,  only  when  received  from  the  sale  of  the 
timber  and  the  lands,  as  therein  provided. 

Act  May  23,  190S,  c.  195.  s.  8.  35  Stat.  272. 
See  uote  under  section  1  of  this  act. 


122         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

ACT  JUNE  25,  1910,  c.  431.      (36  Stat.  855.) 

Sales  by  the  Secretary  of  the  Interior  of  timber  on  Chippewa  Indian  pine- 
timber  lands;  Secretary  of  the  Interior  authorized  to  open  to  homestead 
entry  pine  lands  bearing  unsold  timber;  lands  included  in  the  national 
forest  excepted. 

Sec.  27.  Tliat  where  the  Secretary  of  the  Interior  has  offered  for 
sale  the  pine  timber  on  lands  classijfied  as  "  pine  lands  "  in  the  ceded 
Chippewa  Indian  reservations  in  the  State  or  Minnesota,  either  under 
the  provisions  of  section  five  of  the  Act  of  Congress  approved  Janu- 
an*  fourteenth,  eighteen  hundred  and  eighty-nine,  entitled  "An  Act 
for  the  relief  and  civilization  of  the  Chippewa  Indians  in  the  State 
of  Minnesota  "  (Twenty-fifth  Statutes  at  Large,  page  six  hundred 
and  forty-two),  or  under  the  provisions  of  the  Act  of  Congress 
amendatoiT  thereof  approved  June  twenty-seventh,  nineteen  hundred 
and  two.  entitled  "An  Act  to  amend  an  Act  entitled  'An  Act  for  the 
relief  and  civilization  of  the  Chippewa  Indians  in  the  State  of  ISIin- 
nesota,'  approved  January  fourteenth,  eighteen  hundred  and  eighty- 
nine  "  (Thirty-.second  Statutes  at  Large,  page  four  hundred),  or  shall 
hereafter  offer  for  sale  the  timber  on  any  such  "  pine  lands  "  under 
the  Act  last  described,  and  the  same  remains  unsold,  he  shall  be 
authorized  to  sell  the  timber  unsold  at  any  such  offering,  after  insert- 
ing notice  of  the  proposed  offering  once  each  week  for  four  consecu- 
tive weeks  in  not  less  than  six  newspapers  or  trade  journals  of  general 
circulation,  the  first  publication  of  said  notice  to  be  at  least  three 
calendar  months  jirior  to  the  sale :  Prodded^  That  this  provision  shall 
supersede  any  other  provision  of  law  with  reference  to  the  adver- 
tising of  Chippewa  Indian  pine-tiinber  lands  for  sale:  Prodded  also, 
That  printed  copies  of  the  rules  and  regulations  and  a  schedule  of  the 
lands  and  timber  shall  be  furnished  applicants  therefor  at  least  thirty 
days  ])rior  to  the  sale:  And  provided  further.  That  except  as  herein 
modified  the  sale  shall  be  conducted  in  accordance  with  the  provisions 
of  the  said  Act  of  June  twenty-seventh,  nineteen  hundred  and  two. 
That  should  there  be  unsold  pine  timber  on  lands  classified  as  "•  pine 
lands  "'  after  a  reoffering  under  this  Act.  the  Secretary  of  the  Interior 
is  hereby  authorized,  if  he  deems  it  advisable,  to  open  the  lands  on 
which  such  timber  is  located  to  homestead  settlement,  in  fuecordance 
with  the  provisions  of  section  six  of  said  Act  of  January  fourteenth, 
eighteen  lumdred  and  eighty-nine,  with  the  condition  that  the  settler 
shall,  at  the  time  of  making  his  original  homestead  entry,  ])ay  for  the 
timber  at  a  rate  per  thousand  feet  to  be  fixed  by  the  Sec/etary  of  the 
Inierior.  which  shall  not  he  less  than  the  minimum  price  provided 
by  existing  law.  such  payment  to  be  in  addition  to  the  ]^rice  re(|uired 
by  law  to  be  paid  for  the  land,  the  amount  of  timber  to  Idc  detemiined 
in  accordance  with  existing  government  estimates,  or  to  be  reesti- 
mated,  if  deemed  advisable  by  the  Secretary  of  the  Interior,  in  such 
manner  as  he  may  prescribe  and  by  such  agents  as  he  may  designate 
under  the  authority  of  the  said  Act  of  June  twenty-seventh,  nineteen 
hundred  and  two:  Provided,  horrever.  That  nothing  herein  shall  be 
held  to  authorize  the  o])ening  to  settlement  or  entry  of  any  land 
included  in  the  National  Forest  created  by  the  Act  approved  May 
twenty-third,  nineteen  hundred  and  eight,  entitled  "An  Act  amend- 
ing the  Act  of  Jamiary  fourteentli,  eighteen  hundred  and  eighty-nine, 
and  Acts  amendatory  thereof,  and  for  other  ]>urposes." 

Act  Jnnp  25.  1910.  c.  431.  s.  27.  .S«  Stat.  862. 

I'n. visions  of  act  .Iimc  27.  1SK»2,  i-.  IIT)?.  niul  act  May  23,  190:*,  c.  193, 

UU'iil  ioiiod  in  tliis  .'^octioii.  :\Y0  sot  fortli  above. 


FOREST   SERVICE.  123 

Secretary  of  the  Interior  to  make  allotments  within  national  forests  to  Indians 
living  therein;  Secretary  of  Agriculture  to  determine  whether  lands  applied 
for  are  more  valuable  for  agriculture  or  grazing  than  for  timber. 

Sec.  31.  That  the  Secretary  of  the  Interior  is  hereby  authorized, 
in  his  discretion,  to  make  allotments  within  the  national  forests  in 
confonnity  Avith  the  general  allotment  laws  as  amended  by  section 
of  this  Act,  to  any  Indian  occupying,  livin<^  on,  or  having 
improvements  on  land  included  within  any  such  national  forest  who 
is  not  entitled  to  an  allotment  on  any  existing  Indian  reservation,  or 
for  whose  tribe  no  reservation  has  been  provided,  or  whose  reservation 
was  not  sufficient  to  afford  an  allotment  to  each  member  thereof. 
All  applications  for  allotments  under  the  provisions  of  this  section 
shall  be  submitted  to  the  Secretary  of  Agriculture.  Avho  shall  deter- 
mine whether  the  lands  applied  for  are  more  valuable  for  agricultural 
or  grazing  purposes  than  for  the  timber  found  thereon;  and  if  it  be 
found  that  the  lands  aj^plied  for  are  more  valuable  for  agricultural 
or  grazing  purposes,  then  the  Secretary  of  the  Interior  shall  cause 
allotment  to  be  made  as  herein  provided. 

Act  June  25.  1910.  c.  431.  s.  31.  30  Stat.  SG3. 

ACT  OCTOBER  1,  1890,  c.  1263.  Au  act  to  set  apart  certain  tnicts  of  land  in 
the  St  ite  of  C:ilifornia  as  foreJ=t  roservation??.     (2G  Stat.  Gf.O.) 

Establishment  of  a  forest  reserve  in  California;  description  of  lands  included; 
previous  grants  to  State  and  bona  fide  entries  not  affected. 

That  the  tracts  of  land  in  the  State  of  California  known  as  [and] 
described  as  follows:  Conmiencing  at  the  northwest  corner  of  town- 
ship two  north,  range  nineteen  east  Mount  Diablo  meridian,  thence 
eastwardly  on  the  line  between  townships  two  and  three  north,  ranges 
twenty-four  and  twenty-five  east;  thence  southwardly  on  the  line 
between  ranges  twenty-four  and  tv:en(y-five  east  to  the  Mount  Diablo 
base  line ;  thence  eastwardly  on  said  base  line  to  the  corner  to  town- 
ship one  south,  ranges  twenty-five  and  twent,y-six  east ;  thence  south- 
wardly on  the  line  between  ranges  twenty-five  and  twenty-six  east 
to  the  southeast  corner  of  township  two  south,  range  twenty-five 
east;  thence  eastwardly  on  the  line  between  town.ships  two  and  three 
south,  range  twenty-six  east  to  the  corner  to  townships  two  and  three 
soufh,  ranges  twenty-six  and  twenty-seven  east;  thence  southwardly 
on  the  line  between  ranges  twenty-six  and  twenty-seven  east  to  the 
first  standard  parallel  south ;  thence  westwardly  on  the  first  standard 
parallel  south  to  the  southwest  corner  of  township  four  south,  range 
nineteen  east;  thence  nortliAvardly  on  the  line  between  ranges  eighteen 
and  nineteen  east  to  the  northwest  corner  of  toAvnship  two  south, 
range  nineteen  east ;  thence  westwardly  on  the  line  between  townships 
oneand  two  south  to  the  southwest  corner  of  township  one  south, 
range  nineteen  east;  thence  northwardly  on  the  line  between  ranges 
eighteen  and  nineteen  east  to  the  nortliAvest  corner  of  township  two 
north,  range  nineteen  east,  the  place  of  beginning,  are  hereby  reserved 
and  withdraAvn  from  settlement,  occupancy,  or  sale  under  the  laws 
of  the  United  States,  and  set  apart  as  reserved  forest  lands;  and  all 
persons  who  shall  locate  or  settle  upon,  or  occupy  the  same  or  any 
part  thereof,  except  as  hei-einafter  provided,  shall  be  considered 
trespassers  and  removed  therefrom :  Prbcided^  however.  That  nothing 
in  this  act  shall  be  construed  as  in  anywise  affecting  the  grant  of 
lands  made  to  the  State  of  California  by  virtue  of  the  act  entitled 


124         LAWS  APPLICABLE   TO   DEPAETMENT   OF  AGRICULTURE. 

"An  act  authorizing  a  grant  to  the  State  of  California  of  the  Yosem- 
ite  Valley,  and  of  the  land  embracing  the  Mariposa  Big-Tree  Gro^e 
appi-oved  June  thirtieth,  eighteen  hundred  and  sixtf-four.  or  as 
affecting  any  bona-fide  entry  of  land  made  within  thi  limUs  above 

t,f  S^**'?^''.^'  ^^^'  ^-  ^263,  s.  1,  26  Stat.  650. 

All  the  lands  described  iu  this  section  and  not  included  wiHiin  h,<. 
description  of  the  land  described  iu  act  Februarr  7  iS?^  .^i^  *^.® 
set  forth  below,  are  made  a  part  of  the  sSa^FoVesf  Ret,ri'' h';  I' 
proviso  annexed  to  section  1  of  said  act  Februaiy  7  SS       ^''''  ^^  ^ 

Ihe  recession  by  the  State  of  California  of  the  Yoseniite  Vnllpr  on^ 

p  -;M-:s^?foii?sf  sSs^f^^srSiSi^ 

Fore.st  Reserve,  by  Kes.  June  11,  1906,  No  27.  se'fol^li  on  p   127  po.T'' 

^°''flrlTIl  ""I"^"  '°°*'°^  °^  Secretary  of  the  Interior;  rules  and  regulations 
for  care  and  management,  preservation  of  timber,  etc  •  leaserfor  b,  fid7.<^ 

tJefpas^e's.'"'"''  ''  "^^"""^   P^°*^^*^-  ''  fis'h'lnd  g:m:;'"em'o;i^of 

Sec.  2.  That  said  reservation  shall  be  under  the  exclusive  control 

pracdcatr  rLa'n' and"^  "^"f  ^f^  ''  shall  be,  as  soon  a 

practicaDle,  to  make  and  publish  such  rules  and  regulations  as  he 

may  deem  necessary  or  proper  for  the  care  and  management  of  the 
same.     Such  regulations  shall  provide  for  the   prcservTtSn   from 
injury  of  all  timber,  mineral  deposits,  natural  curiLitTes! or  wondeS 
Th^5p?"f  ^'^'^^^'^^^^^"^  ,^Pd  their  retention  in  their  naturd  conSn 
Il^l"^  "''^;  "'  ^^is  ^^iscretion,  grant  leases  for  buildino:    ur-" 
?nf^.      i''™r  ''^^  exceeding  ten  yea?s  of  smaU  parcels  of  aground 
not  exceeding  five  acres;  at  such  places  in  said  reservation  af  shall 
require    he  erection  of  buildings  for  the  accommodatTon  of  visitors 
all  of  the  proceeds  of  said  leases  and  other  revenues  that  mav  be' 
derived    from    any   source   connected   with   said   reservation     o   b^ 
expended  under  his  direction  in  the  management  of  tl^sTme  and 
the   cons  ruction    of   roads   and   paths   therein.     He   si  all    provide 
against  the  wanton  destruction  of  the  fish,  and  ganie  found  wi Sin 
said  reservation,  and  against  their  captur'e  or  destruction    for  the 
purposes  of  merchandise  or  profit.     He  shall  also  ca  se  aH  persons 
trespassing  upon  the  same  after  the  passage  of  this  act  to  be  removed 
therefrom,  and,  generally,  shall  be  authoSzed  to  take  all  suclfmeas 

Act  October  1,  1890,  c.  1263,  s.  2,  26  Stat.  051 

Provisions  for  the  protection  and  adunnistratlon  of  forest  reservntlotiQ 
l^n  general  are  contained  in  act  June  4.  1897.  c.  2.  a  l,SoiS  on  p.  8^! 

Additional  forest  reserves  in  California;   description. 

Sec.  3.  There  shall  also  be  and  is  hereby  reserved  and  withdrawn 
from  settlomon.  occupancy  or  sale  under  the  laws  of  the  United 
States,  and  shall  be  set  apart  as  reserved  forest  lands,  as  hereinbefore 


FOBEST   SERVICE.  125 

provided,  and  subject  to  all  the  limitations  and  provisions  herein 
contained,  the  following  additional  lands,  to  Avit :  Township  seven- 
teen, south,  range  thirty  east  of  the  Mount  Diablo  meridian,  except- 
ing sections  thirty-one,  thirty-two,  thirty-three,  and  thirty-four  of 
said  township,  included  in  a  previous  bill.  And  there  is  also  reserved 
and  withdrawn  from  settlement,  occupancy  or  sale  under  the  laws  of 
the  United  States,  and  set  apart  as  forest  lands,  subject  to  like  limita- 
tions, conditions  and  provisions,  all  of  townships  fifteen  and  sixteen, 
south,  of  ranges  twenty-nine  and  thirty  east  of  the  Mount  l3iablo 
meridian.  And  there  is  also  hereby  reserved  and  withdrawn  from 
settlement,  occupancy  or  sale  under  the  laws  of  the  United  States, 
and  set  apart  as  reserved  forest  lands  under  like  limitations,  restric- 
tions and  provisions.  Sections  five  and  six  in  township  fourteen, 
south,  ran^re  twenty-eight,  east  of  Mount  Diablo  meridian,  and  also 
Sections  thirty-one  and  thirt3'-two  of  township  thirteen,  south,  range 
twentj^-eight  east  of  the  same  meridian.  Nothing  in  this  act  shall 
authorize  rules  or  contracts  touching  the  protection  and  improvement 
of  said  reservations,  beyond  the  sums  that  may  be  received  by  the 
Secretary  of  the  Interior  under  the  foregoing  provisions,  or  authorize 
any  charge  against  the  Treasury  of  the  United  States. 

Act  October  1.  1S90,  c.  1263,  s.  3,  26  Stat.  651. 

The  disposition  of  revenues  derived  from  privileges  on  lands  segre- 
gated from  Yosemite  National  Park  and  included  within  the  Sierra 
Forest  Reserve  is  provided  for  by  Res.  June  11,  1906,  No.  2,  s.  3.  set 
forth  below. 

ACT  FEBRUARY  7,  1905,  c.  547.  An  act  to  exclude  from  the  Yosemite  National 
Park.  California,  certain  lands  therein  described,  and  to  attach  and 
include  the  said  lands  in  the  Sierra  Forest  Reserve.     (33  Stat.  702.) 

Forest  reserves  in  California;  lands  segregated  from  Yosemite  National  Park 
and  included  in  Sierra  Forest  Reserve;  description;  rights  of  way  over  the 
lands;  disposition  of  moneys  received  from  privileges. 

That  the  tracts  of  land  in  the  State  of  California  known  and  de- 
scribed as  follows:  Beginning  at  the  point  where  the  middle  of  the 
channel  of  the  South  Fork  of  the  Merced  River  intersects  the  line 
between  sections  three  and  four,  township  four  south,  range  twenty 
east,  Mount  Diablo  base  and  meridian:  thence  northerly  along  section 
lines  through  the  middle  of  townships  three  and  four  south,  range 
twenty  east,  to  the  northwest  corner  of  section  three,  township  three 
south,  range  twenty  east ;  thence  westerly  along  township  line  to  the 
southwest  corner  of  section  thirty-three,  township  two  south,  range 
twenty  east;  thence  northerly  along  section  lines  to  the  northwest 
corner  of  section  twenty-one,  said  township;  thence  westerly  along 
section  lines  to  the  southwest  corner  of  section  eighteen,  said  town- 
ship ;  thence  southerly  along  range  line  to  the  southeast  corner  of  the 
northeast  quarter  of  section  twenty-four,  township  two  south,  ran^^e 
nineteen  east ;  thence  westerly  to  the  southwest  corner  of  the  north- 
east quarter  of  section  twenty-four,  said  township ;  thence  southerly 
to  the  southeast  corner  of  the  southwest  quarter  of  section  twenty- 
four,  said  township ;  thence  westerly  along  section  lines  to  the  south- 
west corner  of  section  twenty-three,  said  township ;  thence  northerly 
along  section  lines  to  the  northwest  corner  of  the  southwest  quarter 
of  section  fourteen,  said  township;  thence  easterly  to  the  northeast 
corner  of  the  southeast  quarter  of  section  fourteen,  said  township; 
thence  northerly  along  section  line  to  the  northwest  corner  of  section 


126         LAWS   APPLICABLE   TO   DEPAETMENT   OF   AGEICULTUKE. 

thirteen,  said  township;  thence  easterly  alons:  section  line  to  the 
northeast  corner  of  section  thirteen,  said  township :  thence  northerly 
along  range  line  to  the  northwest  corner  of  the  southwest  quarter  of 
section  seven,  township  two  south,  range  twenty  east;  thence  easterly 
to  the  northeast  corner  of  the  southeast  quarter  of  section  seven,  said 
township ;  thence  southerly  along  section  line  to  the  northwest  corner 
of  section  seventeen,  said  township;  thence  easterly  along  section 
lines  to  the  northeast  corner  of  section  sixteen,  said  township ;  thence 
northerly  along  section  lines  to  the  northwest  corner  of  section  three, 
said  township;  thence  westerly  along  township  line  to  the  southwest 
corner  of  section  thirty-three,  township  one  south,  range  twenty  east; 
thence  northerly  along  section  lines  to  the  northwest  corner  of  section 
twenty-one,  said  township;  thence  westerly  along  section  lines  to 
the  southwest  corner  of  section  eighteen,  said  township ;  thence  north- 
erly along  range  line  to  the  northwest  corner  of  section  six,  said 
township ;  thence  westerly  along  Mount  Diablo  base  line  to  the  south- 
west corner  of  section  thirty-four,  township  one  north,  range  nineteen 
east;  thence  northerly  along  section  lines  through  the  middle  of  town- 
ships one  and  two  north,  range  nineteen  east,  to  the  point  of  intersec- 
tion with  the  summit  of  the  divide  between  Cherry  Creek  on  the  west 
and  Eleanor  and  Fall  creeks  on  the  east;  thence  along  the  summit 
of  said  divide  in  a  northeasterly  direction  to  the  sunnnit  of  the  Sierra 
Nevada  Mountains;  thence  southeasterly  along  the  summit  of  the 
Sierra  Nevada  IMountains  to  the  divide  between  the  Merced  and  San 
Joaquin  rivers;  thence  southwesterly  along  said  divide  to  the  point 
of  intersection  with  the  south  boundary  of  township  four  south,  range 
twenty-three  east.  Mount  Diablo  base  and  meridian ;  thence  westerly 
along  township  line  to  the  point  of  intersection  with  the  middle  of 
the  channel  of  the  South  Fork  of  the  Merced  Eiver;  thence  westerly 
down  the  middle  of  said  river  to  the  place  of  beginning,  are  hereby 
reserved  and  withdrawn  from  settlement,  occupancy,  or  sale  under 
the  laws  of  the  United  States,  and  set  apart  as  reserved  forest  lands, 
subject  to  all  the  provisions  of  the  Act  of  Congress  approved  October 
first,  eighteen  hundred  and  ninety,  entitled  "An  Act  to  set  apart  cer- 
tain tracts  of  land  in  the  State  of  California  as  forest  reservations: " 
Provided^  That  all  those  tracts  or  parcels  of  land  described  in  sec- 
tion one  of  the  said  Act  of  October  first,  eighteen  hundred  and 
ninet3%  and  not  included  within  the  metes  and  bounds  of  the  land 
above  described,  be.  and  the  same  are  hereby,  included  in  and  made 
part  of  the  J^ierra  Forest  Reserve:  And  provided  further.  That  the 
Secretary  of  the  Interior  may  require  the  payment  of  such  price  as 
he  may  deem  proper  for  privileges  on  the  land  herein  segregated 
from  the  Yosemite  National  Park  and  made  a  ])art  of  the  Sierra 
Forest  Reserve  accorded  under  the  Act  ajiproved  February  fifteenth, 
nineteen  hundred  and  one,  relating  to  rights  of  way  over  certain 
parks,  reservations,  and  otlier  lands,  and  other  acts  concerning  rights 
of  way  over  public  lands;  and  the  monej's  received  from  the  priv- 
ileges accorded  on  the  lands  herein  segregated  and  included  in  the 
Sierra  Forest  Reserve  shall  be  j)aid  into  the  Treasurv  of  the  United 
States,  to  be  expended,  under  the  direction  of  the  Secretary  of  the 
Interior,  in  the  management,  improvement,  and  protection  of  the 
forest  lands  herein  set  aside  and  i-eserved,  which  shall  hereafter  be 
known  as  the  "  Yosemite  Naticmul  Park." 

Act  February  7,  1905.  c.  547,  s.  1,  33  Stnt.  702. 


FOREST   SERVICE.  127 

Act  October  1.  ISOO.  c.  1203,  mentioned  in  this  section,  is  set  forth 
above. 

Act  February  15.  1901.  c.  372.  also  mentioned  in  this  section,  is  set 
forth  on  p.  143,  post. 

The  recession  by  the  State  of  California  of  the  Yosemite  Yallev  and 
the  Mariposa  r.i.sr-Troe  Grove  is  accf])te!l.  and  said  tracts  with'otbor 
lands  are  set  apait  as  reserveil  forest  lands,  to  form  ;i  jiart  of  the  Yo- 
semite National  I'ark.  and  the  boundaries  of  sjiid  park  are  chant,'ed,  and 
the  lands  thereby  excluded  from  said  park  are  made  a  part  of  the 
Sierra  Forest  Reserve,  with  provisions  relating  thereto  similar  to  those 
of  this  act,  by  Res.  June  11.  1900.  No.  27.  set  forth  below. 

The  disposition  of  revenues  derived  from  privileges  on  lands  segre- 
gated from  Yosemite  National  Park  and  includetl  within  the  Sierra 
Forest  Kci^erve  is  provided  for  by  Res.  June  11,  1906,  No.  27,  s.  3,  set 
forth  below. 

Privileges  of  lieu-land  scrip  provisions  of  the  land  laws  not  applicable  to  lands 
patented  or  in  private  ownership  included  in  the  reserve;  general  laws, 
rules,  and  regulations  affecting  forest  reservations  applicable  within  area 
included. 

Sec.  2.  That  none  of  the  lands  patented  and  in  private  ownership 
in  the  area  hereby  included  in  the  Sierra  Forest  Eeserve  shall  have 
the  privileges  of  the  lien-land  scrip  provisions  of  the  land  laws,  bnt 
otherwise  to  be  in  all  respects  under  the  laws  and  regulations  affect- 
ing the  forest  reserves,  and  immediately  U])on  the  passage  of  this  Act 
all  laws,  rules,  and  regulations  affecting  forest  reservations,  includ- 
ing the  right  to  change  the  boundaries  thereof  by  Executive  procla- 
mation, shall  take  effect  and  be  in  force  within  the  limits  of  the 
territory  excluded  by -this  Act  from  the  Yosemite  National  Park, 
except  as  herein  otherwise  provided. 

Act  February  7,  1905.  c.  547.  s.  2.  33  Stat.  703. 

The  lien-land  scrip  provisions,  mentioned  in  this  section,  contained  in 
act  June  4.  1897,  c.  2,  s.  1.  act  June  0,  1900.  c.  701.  s.  1.  and  act  March 
3.  1901.  c.  S31.  s.  1.  are  repealed  by  act  March  3,  1905,  c.  1495  set  forth 
on  p.  96.  ante. 

The  preAnous  provision  relating  to  the  right  to  change  boundaries  of 
forest  reservations  by  Executive  proclamation,  mentioned  herein,  is  con- 
tained in  act  June  4.  1897.  c.  2.  set  forth  on  p.  87.  ante. 

Subsequent  provisions  in  the  same  language  as  this  section,  relating 
to  lands  included  in  the  Sierra  Forest  Reserve,  are  containeii  in  Res. 
•Tune  11.  1906,  No.  27.  s.  2.  set  forth  below. 

Time  act  takes  effect. 

Sec.  3.  That  this  Act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Act  February  7.  1905.  c.  547.  s.  3,  33  Stat.  703. 

RESOLUTION  JUNE  11,  1906,  No.  27.  Joint  resolution  accepting  the  recession 
by  the  State  of  California  of  the  Yosemite  Valley  grant  and  the  Mariposa 
Big  Tree  Grove,  and  including  the  snnie.  together  with  fractional  sections 
five  and  six.  township  five  south,  range  twenty-two  east.  Mount  Diablo 
meridian.  California,  within  the  metes  and  bounds  of  the  Yosemite  Na- 
tional Park,  and  changing  the  boundaries  thereof.     (34  Stat.  831.1 

Recession  by  California  of  Yosemite  Valley  and  Mariposa  Big  Tree  Grove  ac- 
cepted, and  lands  set  apart  as  reserved  forest  lauds  and  part  of  Yosemite 
National  Park;  boundaries  of  park  changed  and  lands  excluded  thereby 
included  in  Sierra  Forest  Reserve;  disposition  of  moneys  from  privileges; 
grants  of  right  of  way  for  railways  on  lands  included  in  Sierra  Forest 
Reserve. 

That  the  recession  and  recrranting  unto  the  United  States  by  the 
State  of  California  of  the  cleft  or  gorge  in  the  granite  peak  of  the 


128         LAWS  APPLICABLE   TO   DEPARTMEXT   OF   AGRICULTURE. 

Sierra  Nevada  Mountains,  situated  in  the  county  of  Mariposa,  State 
of  California,  and  the  headwaters  of  the  Merced  River,  and  known 
as  the  Yosemite  Valley,  Avith  its  branches  or  spurs,  granted  unto  the 
State  of  California  in  trust  for  public  use,  resort,  and  recreation  by 
the  xVct  of  Congress  entitled  "An  Act  authorizing  a  grant  to  the  State 
of  California  of  the  Yosemite  Valley  and  of  the  land  embracing  the 
Mariposa  Big  Tree  Grove,"  approved  June  thirtieth,  eighteen  hun- 
dred and  sixty-four  (Thirteenth  Statutes,  page  three  hundred  and 
twenty-five),  as  well  as  the  tracts  embracing  what  is  known  as  the 
"Mariposa  Big  Tree  Grove,"  likewise  granted  unto  the  State  of 
California  by  the  aforesaid  Act  of  Congress,  is  hereby  ratified  and 
accepted,  and  the  tracts  of  land  embracing  the  Yosemite  Valley  and 
the  Mariposa  Big  Tree  Grove,  as  described  in  the  Act  of  Congress 
approved  June  thirtieth,  eighteen  hundred  and  sixty-four,  together 
with  that  part  of  fractional  sections  five  and  six,  township  five  south, 
range  twenty-two  east,  Mount  Diablo  meridian,  California,  lying 
south  of  the  South  Fork  of  Merced  River  and  almost  whollj^  between 
the  Mariposa  Big  Tree  Grove  and  the  present  south  boundary  of 
the  Yosemite  National  Park,  be,  and  the  same  are  hereby,  reserved 
and  withdrawn  from  settlement,  occupancy,  or  sale  under  the  laws 
of  the  United  States  and  set  apart  as  reserved  forest  lands,  subject 
to  all  the  limitations,  conditions,  and  provisions  of  the  Act  of  Con- 
gress approved  October  first,  eighteen  hundred  and  ninety,  entitled 
"An  Act  to  set  apart  certain-  tracts  of  land  in  the  State  of  California 
as  forest  reservations,"  as  well  as  the  limitations,  conditions,  and  pro- 
visions of  the  Act  of  Congress  approved  February  seventh,  nineteen 
hundred  and  five^  entitled  "An  Act  to  exclude  from  the  Yosemite 
National  Park,  California,  certain  lands  therein  described,  and  to 
attach  and  include  the  said  lands  in  the  Sierra  Forest  Reserve,"  and 
shall  hereafter  form  a  part  of  the  Yosemite  National  Park. 

The  south  and  west  boundary  lines  of  the  Yosemite  National  Park 
are  hereby  changed  as  follovrs:  Beginning  at  the  point  on  the  line 
between  sections  thirty-five  and  thirty-six,  township  four  .south, 
range  twenty-one  east,  where  same  intersects  the  middle  of  the  chan- 
nel of  the  Soutli  Fork  of  the  Merced  River;  thence  north  on  section 
line  to  the  soutliwest  corner  of  section  twenty-five;  thence  west  on 
section  lines  to  the  southwest  corner  of  section  twent3^-eight ;  thence 
north  on  section  line  to  the  northwest  corner  of  section  twenty-eight; 
thence  west  on  section  line  to  the  quarter-section  corner  between  sec- 
tions twenty  and  twenty-nine;  thence  north  through  the  middle  of 
section  twenty  to  the  center  thereof;  thence  east  through  the  middle 
of  section  twenty  to  the  quarter-section  corner  between  sections  twenty 
and  twenty-one;  thence  north  on  section  line  to  the  quarter-section 
corner  between  sections  sixteen  and  seventeen ;  thence  west  through 
middle  of  section  seventeen  to  the  center  thereof;  thence  north 
through  the  middle  of  sections  seventeen,  eight,  and  five  to  the 
quarter-section  corner  of  north  boundary  of  section  five  on  township 
boundary,  all  in  township  four  south,  range  twenty-one  east;  thence 
north  through  the  middle  of  section  thirty-two,  toAvnship  three  south, 
range  twenty-one  east,  to  the  center  thereof;  thence  west  through 
the  middle  of  section  thirty-two.  said  township,  and  section  thirty- 
six,  township  three  south,  range  twenty  ea^t,  to  the  quarter-section 
comer  between  sections  thirty-five  and  thirty-six;  thence  north  on 
section  line  to  the  quarter-section  corner  between  sections  twenty- 


FOREST   SERVICE.  129 

five  and  twenty-six;  thence  east  through  the  middle  of  section  twenty- 
five  to  the  center  thereof;  thence  north  throujjh  the  middle  of  sections 
twenty-five  and  twenty-four  to  the  center  of  section  twenty-four; 
thence  west  through  the  middle  of  sections  twenty-four,  twenty- 
three,  and  twenty-two  to  the  quarter-section  corner  between  sections 
twen<y-one  and  twenty-two,  township  three  south,  range  twenty  east, 
on  tlie  present  western  boundary  of  the  Yosemite  National' Park. 
And  all  that  portion  of  the  Yosemite  National  Park  lying  between 
the  boundary  line  last  above  mentioned  and  the  present  boundary 
line  of  said  national  park  is  excluded  from  said  park;  and  the  said 
lands  so  excluded,  and  all  thereof,  nre  added  to  and  made  a  part  of 
the  Sierra  Forest  Reserve,  and  shall  hereafter  form  a  part  of  said 
Sierra  Forest  Reserve,  and  shall  be  subject  to  all  of  the  Acts  of  Con- 
gress with  relation  thereto:  Provided,  That  the  Secretary  of  the  In- 
terior may  require  the  payment  of  such  price  as  he  may  deem  proper 
for  privileges  on  the  land  herein  segregated  from  the  Yosemite  Na- 
tional Park  and  made  a  part  of  the  Sierra  Forest  Reserve  accorded 
under  the  Act  approved  February  fifteenth,  nineteen  hundred  and 
one,  relating  to  rights  of  way  over  certain  parks,  reservations,  and 
other  lands,  and  other  Acts  concerning  rights  of  way  over  public 
lands:  And  provided  fvrther^  That  in  the  grant  of  any  right  of  way 
for  railway  purposes  across  the  lands  placed  under  this  measure 
within  the  Sierra  Forest  Reserve  it  shall  be  stipulated  that  no  logs 
or  timber  shall  be  hauled  over  the  same  without  the  consent  of  the 
Secretary  of  the  Interior,  and  under  regidations  to  be  promulgated 
by  him. 

Res.  June  11.  1006.  No.  27,  s.  1.  34  Stat.  S31. 

Act  October  1.  1S90.  c.  1263,  nnd  act  February  7,  1905,  c.  547,  mentioned 
in  this  seotion.  are  set  forth  above. 

Act  Fcbrunry  15,  1901,  c.  372,  also  mentioned  in  this  section,  is  set 
forth  on  p.  143,  post. 

A  proviso  in  the  same  lan^ruage  as  the  first  proviso  of  this  section  Is 
annexed  to  act  February  7,  1905,  c.  547,  s.  1,  set  forth  above. 

Privileges  of  lien-land  scrip  provisions  of  the  land  laws  not  applicable  to  lands 
patented  or  in  private  ownership  included  in  Sierra  Forest  Reserve;  general 
laws,  rules,  and  regulations  affecting  forest  reservations  applicable  within 
territory  included. 

Sec.  2.  That  none  of  the  lands  patented  and  in  private  ownership 
in  the  area  hereby  included  in  the  Sierra  Poorest  Reserve  shall  have 
the  privileges  of  the  lieu-land  scrip  provisions  of  the  land  laws,  but 
otherwise  to  be  in  all  respects  under  the  laws  and  regulations  affecting 
the  forest  reserves,  and  immediately  upon  the  passage  of  this  Act  all 
laws,  rules,  and  regulations  affecting  forest  reservations,  including 
the  right  to  change  the  boundaries  thereof  by  Executive  proclama- 
tion, shall  take  effect  and  be  in  force  within  the  limits  of  the  terri- 
tory excluded  by  this  Act  from  the  Yosemite  National  Park,  except 
as  herein  otherwise  provided. 

Res.  .Tune  11,  1906,  No.  27,  s.  2,  34  Stat.  832. 

Previous  provisions  in  the  same  language  as  this  section,  relating  to 
lands  included  in  the  Sierra  Forest  Reserve,  are  contained  in  Act  Feb- 
ruary 7,  1905,  c.  547,  s.  2,  set  forth  above. 
Disposition  of  revenues  derived  from  privileges  on  the  lands  included  in  the 
Sierra  Forest  Reserve. 

Sec.  3.  That  all  revenues  derived  from  privileges  in  the  ]iark  au- 
thorized under  the  Act  of  October  first,  eighteen  hundred  and  ninety, 

71057—13 9 


130         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

the  Act  of  February  seventh,  nineteen  hundred  and  five,  as  well  as 
under  this  measure,  or  from  privileges  accorded  on  the  lands  herein 
segregated  from  said  park  and  included  within  the  Sierra  Forest 
Reserve,  shall  be  paid  into  the  Treasury  of  the  United  States,  to  be 
expended  under  the  direction  of  the  Secretary  of  the  Interior  in  the 
management,  protection,  and  improvement  of  (he  Yosemite  National 
Park 

Res.  June  11,  1906,  No.  27,  s.  3,  34  Stat.  832. 

Act  October  1,  1890,  c.  126.^.,  :nid  act   February  7,  1905,  c.  547,  men- 
tioned in  this  section,  are  set  forth  above. 

ACT  FEBRITARY   18,   1909,  c.   143.     An  act   to  create  the  Calaveras  Bigtree 
Xational  Forest,  and  for  other  puriioses.     (35  Stat.  626.) 

Establishment    of    Calaveras    Bigtree    National    Forest;    acquisition    of    lands; 
reimbursement  of  owners. 

That  the  Secretary  of  Agriculture,  to  secure  and  protect  for  all 
time  the  big  trees  scientifically  known  as  Sequoia  washingtoniana,  is 
hereby  empowered,  in  his  discretion,  to  obtain  for  the  United  States 
the  complete  title  to  any  or  all  of  the  following-described  lands  in 
the  State  of  California:  In  township  four  north,  range  fifteen  east, 
Mount  Diablo  meridian,  the  northeast  quarter  of  section  one;  in 
township  four  north,  range  sixteen  east.  Mount  Diablo  meridian,  the 
north  half  of  section  six;  in  township  five  north,  range  fifteen  east. 
Mount  Diablo  meridian,  the  southwest  quarter  of  section  fourteen, 
south  half  of  section  fifteen,  north  half  of  section  twenty-two,  north- 
west quarter  of  section  twenty-three,  and  southeast  quarter  of  section 
thirty-six,  and  in  township  five  north,  range  sixteen  east,  Mount 
Diablo  meridian,  the  west  half  of  section  twenty-eight,  the  east  half 
and  southwest  quarter  of  section  twenty-nine,  the  southeast  quarter 
of  section  thirty,  all  of  sections  thirty-one,  thirty-two,  and  the  north- 
west quarter  of  section  thirty-three.  And  such  area  or  areas,  as  fast 
as  complete  title  is  acquired,  shall  be  permanently  held  by  the  United 
States  and  shall  be  known  as  the  Calaveras  Bigtree  National  Forest 
and  shall  be  administered,  and  protected,  by  the  Secretary  of  Agri- 
culture from  the  funds  appropriated  for  the  administration  of  Na- 
tional Forest  land  to  prolong  the  existence,  growth,  and  promote  the 
reproduction  of  said  big  trees:  Provided^  That  the  owners  of  land 
acquired  hereunder  shall  convey  to  the  United  States  full  title  to  any 
of  the  above-described  areas  approved  for  said  national  forests  by 
the  Secretary  of  Agriculture,  the  completeness  of  such  title  to  be 
determined  by  the  Secretary  of  the  Interior  in  each  case,  and  shall  be 
reimbursed  therefor  only  in  one  or  both  of  the  following  ways:  (1) 
They  may  be  given  the  right  to  file  with  the  Secretary  of  the  Interior, 
within  sixty  days  after  such  conveyance,  selections  o^  surveyed,  unap- 
propriated, nonmineral  public  lands  or  of  nonmineral  national  forest 
lands,  and  if  the  lands  .so  selected  shall  be  found  subject  to  selection 
and  of  the  actual  value  in  lands  and  stumpage  substantially  equal  to 
that  of  the  lands  and  stumpage  conveyed  they  may  be  patented  to 
said  owners  in  lieu  of  the  conveyed  lands:  Provided^  however^  That 
in  any  case  where  any  part  of  the  lands  selected  is  national  forest 
land,  the  approval  or  the  Secretary  of  Agriculture  shall  first  be 
secured  with  respect  to  such  part,  or  (2)  the  Secretary  of  Agriculture 
may  grant  to  any  such  conveying  owner  the  right  to  cut  from  national 
forest  land  an  amount  of  timber  and  wood,  substantially  equal  to  the 


FOREST   SERVICE.  131 

amount  of  timber  and  Mood  on  the  land  acquired  by  the  United  States 
under  the  provisions  of  this  Act :  Provided^  That  nothing  contained 
in  this  Act  shall  warrant  an  appropriation  from  the  Treasury  to  carry 
out  the  terms  of  this  Act. 

Act  February  18.  1909,  c.  143,  35  Stat.  626,  as  amended  by  act  May  7, 
1912,  c.  105,  s.  1,  37  Stat.  108. 

Appropriation  for  carrying  out  act. 

Sec.  2.  That  there  is  hereby  appropriated,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  the  sum  of  ten  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  for  the  purposes  of 
fully  carrying  out  the  provisions  of  this  Act. 

Act  February  IS,  1909.  c.  143,  as  amended  by  act  May  7,  1912,  c.  105, 
s.  2,  37  Stat.  108. 

ACT  FEBRUARY  18,  1911,  c.  115.  An  act  to  reserve  certain  lands  and  to  incor- 
jHirate  tlie  same  and  make  tliem  a  part  of  the  Pocatello  National  Forest. 
(36  Stat.  919.) 

That  the  following-described  lands,  to  wit,  sections  three,  four,  five, 
six.  seven,  eight,  and  nine,  township  nine  south,  range  thirty-five; 
section  twenty-two.  township  eight  south,  range  thirty-four;  and 
section  one,  township  nine  south,  range  thirty-four,  all  in  Bannock 
and  Oneida  counties.  Idaho,  be.  and  the  same  are  hereby,  reserved  and 
withdrawn  from  entry  and  made  a  part  of  and  included  in  the  Poca- 
tello National  Forest. 

Act  February  IS.  inil.  c.  115.  36  Stat.  919. 

t 

ACT  MARCH  3,  1905,  c.  1479.      (33  Stat.  1048.) 

Addition  to  TJintali  Forest  Reserve  authorized;  disposition  of  proceeds  from 
timber  thereon. 

That  before  the  opening  of  the  Uintah  Indian  Reservation  the 
President  is  hereby  authorized  to  set  apart  and  reserve  as  an  addition 
to  the  Uintah  Forest  Reserve,  subject  to  the  laws,  rules,  and  regula- 
tions governing  forest  reserves,  and  subject  to  the  mineral  rights 
granted  by  the  Act  of  Congress  of  May  twenty-seventh,  nineteen 
hundred  and  two,  such  portion  of  the  lands  within  the  Uintah  Indian 
Reservation  as  he  considers  necessary,  and  he  may  also  set  apart  and 
reserve  any  reservoir  site  or  other  lands  necessary  to  conserve  and 
protect  the  water  supply  for  the  Indians  or  for  general  agricultural 
development,  and  may  confirm  such  rights  to  water  thereon  as  have 
already  accrued :  Provided.  That  the  proceeds  from  any  timber  on 
such  addition  as  maj'  with  safety  be  sold  prior  to  June  thirtieth,  nine- 
teen hundred  and  twenty,  shall  be  paid  to  said  Indians  in  accordance 
with  the  provisions  of  the  Act  opening  the  reservation. 

Act  March  3,  1905,  c  1479,  33  Stat.  1070. 

This  is  a  paragraph  of  the  Indian  appropriation  act  for  the  fiscal  year 
1906,  cited  above. 

ACT  MARCH  4,  1911,  c.  273.  An  act  authorizing  the  Secretary  of  the  Interior 
to  exchange  certain  desert  lands  for  lands  within  national  forests  In  Ore- 
gon.    (36  Stat.  1357.) 

Relinquishment  by  Oregon  of  selections  of  certain  lands  and  patents  therefor 
in  exchange  for  reconveyance  of  certain  lands  within  national  forests,  to 
become  parts  of  national  forests. 

That  the  State  of  Oregon  is  hereby  authorized  to  relinquish  its 
selection  heretofore  made  under  the  terms  of  the  Act  of  August 


132         LAWS   APPLICABLE   TO   DEPAETMEXT   OF   AGEICULTUEE. 

eighteenth,  eighteen  hundred  and  ninety-four  (Twenty-eighth  Stat- 
utes, page  three  hundred  and  seventy-two),  and  Acts  amendatory 
and  supplemental  thereto  of  the  following  lands : 

Section  three ;  east  half,  east  half  of  west  half,  southwest  quarter 
of  southwest  quarter  of  section  four ;  southwest  quarter,  west  half  of 
southeast  quarter,  southeast  quarter  of  southeast  quarter  of  section 
five;  south  half  of  section  six;  all  of  sections  seven,  eight,  nine,  ten, 
fifteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one,  and  twenty- 
two  of  township  twenty- four  south,  range  thirty-three  east,  AYillamette 
meridian,  containing  eight  thousand  seven  hundred  and  ninety-three 
and  forty-seven  one-hundredths  acres;  and  the  Secretary  of  the  In- 
terior, upon  recommendation  of  the  Secretary  of  iigriculture,  may 
issue  patent  to  said  lands  in  exchange  for  and  upon  reconveyance  to 
the  United  States  of  the  following  lands  within  national  forests  in  the 
State  of  Oregon : 

All  of  fractional  section  thirty-six,  township  twenty-one  south, 
range  twelve  east;  all  of  section  sixteen,  township  twenty-one  south, 
range  twelve  east;  the  southeast  quarter  of  section  thirty-six,  town- 
ship twenty  south,  range  fourteen  east ;  all  of  section  sixteen,  township 
twent5''-three  south,  range  sixteen  east;  the  south  half  of  northwest 
quarter,  the  noi-thwest  quarter  of  northwest  quarter,  the  northeast 
quarter  of  northeast  quarter,  the  south  half  of  section  sixteen,  town- 
ship twenty-eight  south,  range  ten  east;  south  half  of  north  half  of 
section  sixteen,  township  fifteen  south,  range  thirty-one  east;  north- 
west quarter  of  northwest  quarter  of  section  sixteen,  township  seven- 
teen south,  range  thirty-two  east;  all  of  section  thirty-six,  township 
three  south,  range  forty-seven  east;  all  of  section  sixteen,  township 
nineteen  south,  range  thirty-one  east;  southeast  quarter  of  southeast 
quarter  of  section  sixteen,  east  half  of  northeast  quarter,  west  half  of 
northwest  quarter  of  section  thirty-six,  township  twenty  south,  range 
thirty-three  east;  all  of  section  sixteen,  township  three  south,  range 
forty-one  east;  south  half  and  northwest  quarter  of  section  thirty-six, 
township  nineteen  south,  range  thirty-two  east;  north  half  of  section 
sixteen,  township  fourteen  south,  range  thirty-three  east ;  all  of  sec- 
tions sixteen  and  thirty-six,  toAvnship  seven  south,  range  thirty-four 
east;  section  sixteen,  township  eight  south,  range  thirty-two  east;  all 
of  section  thirty-six,  township  fourteen  south,  range  thirty-five  and  a 
half  east;  all  of  section  thirty-six,  township  two  south,  range  forty 
east,  Willamette  meridian. 

Provided^  That  the  timber  or  undergrowth  shall  not  have  been 
removed  from  said  forest  lands:  Provided  further.  That  upon  recon- 
veyance to  the  United  States  the  lands  shall  become  parts  of  the 
national  forests  in  which  they  are  situated. 

Act  March  4,  1911,  c.  273,  36  Stat.  1357. 

ACT  JULY  31,  1912,  c.  264.     An  act  to  authorize  the  exchange  of  certain  lands 
with  the  State  of  Michigan.     (37  Stat.  241.) 

Acceptance  from  State  of  Michigan  of  lands  for  a  national  forest. 

That,  upon  the  request  of  the  Secretary  of  Agriculture,  the  Secre- 
tary of  the  Interior  may  accept  on  behalf  of  the  United  States  the 
conveyance  to  the  United  States,  by  or  from  the  State  of  Michigan, 
of  ah^  lands  owned  by  the  State  of  Michigan  which  the  said  State 
of  Michigan  is  willing  to  convey  to  the  United  States,  and  which. 


FOREST   SERVICE.  133 

in  the  opinion  of  the  Secretary  of  Agriculture,  should  be  inchuled  in, 
or  made  a  part  of,  or  set  aside  as  and  for  a  national  forest  in  said 
State;  and  upon  such  acceptance  the  lands  so  conveyed  shall  imme- 
diately, and  by  force  of  this  Act  alone,  be  reserved  and  set  aside  as 
natioiial-forest  lands,  and  be  subject  to  all  the  laws  afFectin^  other 
national  forests. 

Act  July  31,  1912,  c.  264,  s.  1.  37  Stat.  241, 

Selection  by  State  of  Michigan  of  lands  in  lieu  of  lands  conveyed  to  United 
States. 

Sec.  2.  That  the  State  of  Michigan  is  hereby  authorized  to  select, 
in  lieu  of  an;y;  lands  conveyed  to  the  United  States  under  the  foregoing 
provisions  of  this  Act,  other  lands  of  equal  area  and  approximately 
equal  value  from  any  part  of  the  unappropriated  public  lands  in  said 
State,  including  lands  within  a  national  forest.  A  description  of  the 
lands  selected,  together  with  a  description  of  the  lands  conveyed,  or 
intended  to  be  conveyed  under  this  Act,  shall  be  filed  with  the  Secre- 
tary of  Agriculture:  Provided,  That  the  question  as  to  whether  any 
lands  intended  to  be  conveyed  under  the  provisions  of  this  Act  are 
approximately  equal  in  value  to  the  lands  selected  and  whether  the 
mutual  exchange  of  said  lands  would  be  beneficial  to  the  public  inter- 
ests subserved  %  the  national  forests  in  the  State  of  JNIichigan  shall 
be  determined  by  the  Secretary  of  Agriculture. 

Act  July  31,  1912,  c.  264,  s.  2,  37  Stat.  241. 

Certification  as  to  equal  value  of  lands  selected  and  lands  conveyed,  and  as  to 
benefit  of  exchange  to  administration  of  national  forests. 

Sec.  3.  That  upon  the  certification  to  the  Secretary  of  the  Interior 
by  the  Secretary  of  Agriculture  that  the  lands  selected  and  the  lands 
conveyed  are  of  equal  value,  and  that  the  exchange  of  said  lands 
would  be  beneficial  to  the  admiliistration  of  the  national  forests  in 
the  State  of  Michigan,  the  Secretary  of  the  Interior  shall  determine, 
in  accordance  with  the  rules  and  regulations  to  be  prescribed  by  him, 
whether  the  lands  selected  by  the  State  are  unappropriated  lands, 
and  if  so  found  he  shall  issue  a  patent  for  said  selected  lands  to  the 
State  of  ISIichigan:  Provided,  That  no  deed  or  other  instrument  of 
conveyance  shall  be  accepted  by  the  United  States  until  the  Attorney 
General  of  the  United  States  shall  certify  that  a  good  and  sufficient 
title  to  such  lands  is  vested  in  the  United  States  by  said  conveyance. 

Act  July  31,  1912,  c.  264,  s.  3,  37  Stat.  241. 

ACT  AUGUST  22,  1912,  c.  327.  An  act  to  provide  for  the  exchange  of  national 
forest  timber  in  New  Mexico  for  private  lands  lying  within  the  exterior 
limits  of  the  Zuni  National  Forest.     (37  Stat.  323.) 

Exchange  of  timber  within  Pecos  National  Forest  for  privately  owned  lands 
within  the  exterior  limits  of  Zuni  National  Forest. 

That  the  Secretary  of  Agriculture,  for  the  purpose  of  increasing 
the  area  of  the  timberland  included  within  the  Zuni  National  Forest 
by  the  addition  thereto  of  certain  privately  owned  timberland  lying 
within  the  exterior  limits  of  the  said  national  forest,  be,  and  the 
same  is  herebv,  authorized  and  empowered,  in  his  discretion,  in  behalf 
of  the  United  States,  to  exchange  timber  within  the  Pecos  national 
forest  in  New  Mexico  for  privately  owned  timberlands  embraced  in 
the  odd-numbered  sections  of  township  eleven  north,  range  twelve 
west.  New  Mexico  principal  meridian,  which  are  now  within  the 


134         LAWS  APPLICABLE   TO   DEPARTMEXT   OF   AGRICULTURE. 

exterior  limits  of  the  Zuni  National  Forest,  Xew  Mexico :  Provided^ 
That  such  exchange  shall  be  made  under  the  following  conditions: 
The  saw  timber  on  such  private  lands  shall  be  exchanged  for  the  saw 
timber  on  such  national  forest  lands,  thousand  feet  for  thousand 
feet ;  cordwood  and  posts  from  piilon  and  cedar  on  such  private  lands 
shall,  after  estimate  and  appraisal  by  forest  officers,  be  exchanged 
for  an  equivalent  value  of  national  forest  timber  at  an  appraisal  of 
not  less  than  two  dollars  and  fifty  cents  per  thousand  feet  board 
measure;  and  the  privately  owned  land  at  a  valuation  of  not  more 
than  sixty-two  and  one-half  cents  per  acre  shall  be  exchanged  for 
an  equivalent  value  of  national  forest  timber  at  an  appraisal  of  not 
less  than  two  dollars  and  fifty  cents  per  thousand  feet  board  measure: 
Provided^  That  the  Attorney  General  of  the  United  States  shall  first 
pass  upon  the  title  of  the  privately  owned  land  to  be  exchanged  under 
the  provisions  of  this  bill :  Provided  further^  That  the  national  forest 
timber  to  be  so  exchanged  shall  be  cut  under  the  rules  and  regula- 
tions promulgated  by  the  Secretary  of  Agriculture  for  the  cutting 
of  timber  on  the  national  forests,  and  that  the  time  within  which 
such  timber  shall  be  removed  shall  be  determined  by  the  said  Secre- 
tary of  Agriculture:  And  provided  further,  That  the  land  deeded 
to  the  United  States  under  the  provisions  of  this  Act  shall  forthwith 
become  a  part  of  the  Zuni  National  Forest. 

Act  August  22,  1912,  c.  327,  37  Stat.  323. 

ACT  MARCH  13,  1908,  c.  84.  An  act  authorizing  the  exchange  of  lands  for 
the  enlargement  of  maneuvering  grounds.     (35  Stat.  42.) 

Acquisition  of  privately  owned  lands  in  Crow  Creek  National  Forest  for  en- 
largement of  military  maneuvering  grounds  and  exchange  therefor  of 
public  land  subject  to  entry  in  Wyoming. 

That  whenever  the  Secretary  of  War  shall  deem  the  acquisition  of 
lands  in  private  ownership  necessary  for  the  enlargement  of  the 
military  maneuvering  grounds  for  the  United  States  Army  and 
National  Guard  within  the  reservation  known  as  the  Crow  Creek 
National  Forest,  he  may  certify  to  the  Secretar}'  of  the  Interior  the 
description  of  such  specific  tract  or  tracts  of  land  as  he  may  deem 
necessary  for  such  purpose,  and  the  Secretary  of  the  Interior  may 
thereupon,  with  the  approval  of  the  President,  exchange  therefor  an 
equal  area  of  any  of  the  unoccupied,  nonmineral,  untimbered  public 
land  subject  to  entry  within  the  State  of  Wyoming. 

Act  March  13,  3908.  c.  84,  35  Stat.  42. 

ACT  FEBRUARY  28,  1911,  c.  181.  An  act  to  consolidate  certain  forest  lands 
in  the  Kansas  National  Forest.     (36  Stat.  960.) 

Exchange  of  lands  a  part  of  Kansas  National  Forest  for  privately  owned  lands 
within  exterior  limits  thereof. 

That  the  Secretary  of  the  Interior,  for  the  purpose  of  consoli- 
dating the  forest  lands  belonging  to  the  United  States  within  the 
Kansas  National  Forest,  be,  and  he  hereby  is,  authorized  and  em- 
powered, upon  the  recommendation  of  the  Secretary  of  Agriculture, 
to  exchange  lands  belonging  to  the  United  States  which  are  part  or 
the  Kansas  National  Forest  for  privately  owned  lands  lying  within 
the  exterior  limits  of  the  said  national  forest:  Provided,  That  the 
lands  so  exchanged  shall  be  equal  in  area  and  substantially  equal  in 


FOREST   SERVICE.  135 

value:  And  provided  further,  That  upon  the  consummation  of  such 
exchange  the  land  deeded  to  the  United  States  thereunder  shall  be- 
come a  part  of  the  Kansas  National  Forest. 
Act  February  28,  3011,  c.  ISl,  3G  Stat.  900. 

ACT  JULY  15,  1912,  c.  234.     An  act  to  allow  an  exchange  of  certain  land.s  in 
the  Ilnriiey  Nati(in;il  Forest.     (37  Stat.  102.) 

Exchange   of  certain   lands   in   Black   Hills   National  Forest   for   certain   lands 
made  a  part  of  Harney  National  Forest. 

That  upon  the  transfer  by  John  I..  Baird  to  the  United  States  of 
title  to  the  east  half  of  the  southeast  quarter,  and  lot  numbered  one 
in  section  four,  and  lot  numbered  four  in  section  three,  all  in  town- 
ship one  south,  range  one  east,  of  Black  Hills  meridian,  containing 
one  hundred  and  fifty-five  and  ninety-six  one  hundredths  acres,  sit- 
uated in  the  Black  Hills  National  Forest,  the  Secretary  of  the  In- 
terior is  authorized,  upon  the  approval  of  the  Secretary  of  Agri- 
culture, to  issue  a  patent  to  said  John  L.  Baird  for  the  lands  covered 
by  the  Keen  Stone  Placer  mineral  survey  numbered  nineteen  hundred 
and  forty-seven,  in  Lawrence  County,  South  Dakota,  containing 
ninety  and  nine  hundred  and  seventy-ei^ht  one-thousandths  acres; 
and  the  lands  thus  transferred  to  the  United  States  shall  thereupon 
become  a  part  of  the  Harney  National  Forest. 
Act  July  15,  1912,  c.  234,  37  Stat.  192. 

ACT  JULY  25,  1912,  c.  252.     An  act  to  consolidate  certain  forest  lands  in  the 
Paulina  (Oregon)  National  Forest.     (37  Stat.,  200.) 

Exchange  of  lands  a  part  of  Paulina  National  Forest  for  privately  owned  lands 
within  exterior  limits  thereof. 

That  the  Secretary  of  the  Interior,  for  the  purpose  of  consolidating 
the  forest  lands  belonging  to  the  United  States  within  the  Paulina 
(Oregon)  National  Forest,  be,  and  he  hereby  is,  authorized  and  em- 
powered, upon  the  recommendation  of  the  Secretar}'  of  Agriculture, 
to  exchange  lands  belonging  to  the  United  States  which  are  part  of 
the  Paulina  (Oregon)  National  Forest  for  privately  owned  lands 
lying  within  the  exterior  limits  of  the  said  national  forest :  Provided, 
That  the  lands  so  exchanged  shall  be  equal  in  area  and  substantially 
equal  in  value:  And  pi^ovided  further,  That  upon  the  consummation 
of  such  exchange  the  land  deeded  to  the  United  States  thereunder 
shall  become  a  part  of  the  Paulina  (Oregon)  National  Forest. 

Act  July  25,  1912,  c.  252,  37  Stat.  200. 

ACT  AUGUST  10,  1912,  0.  284.     (37  Stat.  269.) 

Fort  Wingate  military  reservation  made  part  of  Zuni  National  Forest. 

*  *  *  That  all  of  the  military  reservation  of  Fort  Wingate, 
New  Mexico,  as  described  in  Executive  order  of  May  thirty-first, 
nineteen  hundred  and  eleven  (Number  thirteen  hundred  and  sixty- 
seven),  shall  become  a  part  of  the  Zuni  National  Forest  and  shall  so 
remain  until  said  order  shall  be  revoked,  modified,  or  suspended  by 
the  President,  but  that  the  said  lands  shall  remain  subject  to  the  un- 
hampered use  of  the  War  Department  for  military  purposes,  and  to 
insure  such  u.se  the  land  .shall  not  be  subject  to  any  form  of  appro- 
priation or  disposal  under  the  land  law^s  of  the  United  States ;    *    *    ♦ 

Act  August  10.  1912,  c.  2.S4,  37  Stiit.  2SG. 

This  Is  a  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 


136         LAWS  APPLICABLE   TO   DEPAKTMENT   OF   AGBICULTUEE. 

ACT  JUNE  20,  1910,  c.  310.      (36  Stat.  557.) 

Consent  of  State  of  New  llexico  to  conditions  of  grants  of  lands  to  State. 

Ninth.  That  the  State  [New  Mexico]  and  its  people  consent  to  all 
and  singular  the  provisions  of  this  Act  concerning  the  lands  hereby 
granted  or  confirmed  to  the  State,  the  terms  and  conditions  upon 
which  said  grants  and  confirmations  are  made,  and  the  means  and 
manner  of  enforcing  such  terms  and  conditions,  all  in  every  respect 
and  particular  as  in  this  act  provided. 

Act  June  20,  1910,  c.  310,  s.  2,  36  Stat.  560. 

Grants  of  certain  sections  of  land  to  New  Mexico  for  schools  not  to  include 
national  forests  embracing  such  sections  until  restored  to  public  domain; 
granted  sections  to  be  administered  as  part  of  national  forests;  payment 
of  proportion  of  proceeds  of  national  forests  to  State  for  school  purposes. 

*  *  *  That  the  grants  of  sections  two,  sixteen,  thirty-two,  and 
thirty-six  to  said  State,  [New  Mexico]  within  national  forests  now 
existing  or  proclaimed,  shall  not  vest  the  title  to  said  sections  in  said 
State  until  the  part  of  said  national  forests  embracing  any  of  said 
sections  is  restored  to  the  public  domain;  but  said  granted  sections 
shall  be  administered  as  a  part  of  said  forests,  and  at  the  close  of  each 
fiscal  year  there  shall  be  paid  by  the  Secretary  of  the  Treasury  to  the 
State,  as  income  for  its  common-school  fund,  such  proportion  of  the 
gross  proceeds  of  all  the  national  forests  within  said  State  as  the  area 
of  lands  hereby  granted  to  said  State  for  school  purposes  which  are 
situate  within  said  forest  reserves,  whether  surve3^ed  or  unsurveyed, 
and  for  which  no  indemnity  has  been  selected,  may  bear  to  the  total 
area  of  all  the  national  forests  within  said  State,  the  area  of  said  sec- 
tions when  unsurveyed  to  be  determined  by  the  Secretary  of  the 
Interior,  by  protraction  or  otherwise,  the  amount  necessary  for  such 
pa3^ments  being  appropriated  and  made  available  annually  from  any 
mone}'  in  the  Treasury  not  otherwise  appropriated. 

xVct  June  20,  1910,  c.  310,  s.  6,  36  Stat.  5G2. 
Consent  of  State  of  Arizona  to  conditions  of  grants  of  lands  to  State. 

Ninth.  That  the  State  [Arizona]  and  its  people  consent  to  all  and 
singular  the  provisions  of  this  Act  concerning  the  lands  hereby 
granted  or  confirmed  to  the  vState,  the  terms  and  conditions  upon 
which  said  grants  and  confirmations  are  made,  and  the  means  and 
manner  of  enforcing  such  terms  and  conditions,  all  in  every  respect 
and  particular  as  in  this  act  provided. 

Act  June  20,  1910,  c.  310.  s.  20,  36  Stat.  570. 

Grants  of  certain  sections  of  land  to  Arizona  for  schools  not  to  include  national 
forests  embracing  such  sections  until  restored  to  public  domain;  granted 
sections  to  be  administered  as  part  of  national  forests;  payment  of  propor- 
tion of  proceeds  of  national  forests  to  State  for  school  purposes. 

*  *  *  That  the  grants  of  sections  two,  sixteen,  thirty-two,  and 
thirty-six  to  said  State  [Arizona],  within  national  forests  now  exist- 
ing or  proclaimed,  shall  not  vest  the  title  to  said  sections  in  said  State 
until  the  part  of  said  national  forests  embracing  any  of  said  sections 
is  restored  to  the  public  domain;  but  said  granted  sections  shall  be 
administered  as  a  part  of  said  forests,  and  at  the  close  of  each  fiscal 
year  (here  shall  be  paid  by  the  Secretary  of  the  Treasury  to  the  State, 
as  income  for  its  common-school  fund,  such  proportion  of  the  gross 


FOREST   SERVICE.  137 

proceeds  of  all  the  national  forests  within  said  State  as  the  area  of 
lands  hereby  granted  to  said  State  for  school  purposes  which  are  sit- 
uated within  said  forest  reserves,  whether  surveyed  or  unsurveyed, 
and  for  which  no  indemnity  has  been  selected,  may  bear  to  the  total 
area  of  said  sections  when  unsurveyed  to  be  determined  by  the  Sec- 
retary of  the  Interior,  by  protraction  or  otherwise,  the  arnount  nec- 
essary for  such  payments  being  appropriated  and  made  available 
annually  from  any  money  in  the  Treasury  not  otherwise  appropri- 
ated. 

Act  June  20,  1910.  c.  310,  s.  24,  36  Stat.  573. 

Tliese  are  provisions  of  "An  act  to  enable  the  people  of  New  Mexico 
to  form  a  constitution  and  State  government  and  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  States;  and  to  enable  the 
people  of  Arizona  to  form  a  constitution  and  State  government  and  be 
admitted  into  the  Union  on  an  equal  footing  with  the  original  States." 

ACT  JUNE  11,  1906,  c.  3074.  An  act  to  p^or^'ide  for  the  entry  of  agricultural 
lands  within  forest  reserves.     (34  Stat.  233.) 

Agricultural  lands  within  forest  reserves  to  be  opened  to  homestead  entry; 
preference  rights  of  former  settlers  and  of  applicants;  plat  and  field  notes 
to  he  filed  and  posted;  surveys;  credit  to  settlers  for  actual  residence. 

That  the  Secretary  of  Agriculture  may,  in  his  discretion,  and  he  is 
hereby  authorized,  upon  application  or  otherwise,  to  examine  and  as- 
certain as  to  the  location  and  extent  of  lands  within  joermanent  or 
temporary  forest  reserves,  except  the  following  counties  in  the  State 
of  California,  Inyo,  Tulare,  Kern,  San  Luis  Obispo,  Santa  Barbara, 
Ventura.  Los  Angeles,  San  Bernardino,  Orange,  Riverside,  and  San 
Diego;  which  are  chiefly  valuable  for  agriculture,  and  which,  in  his 
opinion,  may  be  occupied  for  agricultural  purposes  without  injury 
to  the  forest  reserves,  and  which  are  not  needed  for  public  purposes, 
and  may  list  and  describe  the  same  by  metes  and  bounds,  or  other- 
wise, and  file  the  lists  and  descriptions  with  the  Secretary  of  the 
Interior,  with  the  request  that  the  said  lands  be  opened  to  entry  in 
accordance  with  the  provisions  of  the  homestead  laws  and  this  Act. 

Upon  the  filing  of  any  such  list  or  description  the  Secretary  of  the 
Interior  shall  declare  the  said  lands  open  to  homestead  settlement  and 
entry  in  tracts  not  exceeding  one  hundred  and  sixty  acres  in  area  and 
not  exceeding  one  mile  in  length,  at  the  expiration  of  sixty  days  from 
the  filing  of  the  list  in  the  land  office  of  the  district  within  which  the 
lands  are  located,  during  which  period  the  said  list  or  description 
shall  be  prominently  posted  in  the  land  office  and  advertised  for  a 
period  of  not  less  than  four  weeks  in  one  newspaper  of  general  cir- 
culation published  in  the  county  in  which  the  lands  are  situated: 
Provided^  That  any  settler  actually  occupying  and  in  good  faith 
claiming  such  lands  for  agricultural  purposes  prior  to  January  first, 
nineteen  hundred  and  six,  and  who  shall  not  have  abandoned  the 
same,  and  the  person,  if  qualified  to  make  a  homestead  entry,  upon 
whose  application  the  land  proposed  to  be  entered  was  examined 
and  listed,  shall,  each  in  the  order  named,  have  a  preference  right 
of  settlement  and  entry:  Provided  further,  That  any  entryman  de- 
siring to  obtain  patent  to  any  lands  described  by  metes  and  bounds 
entered  bv  him  under  the  provisions  of  this  Act  shall,  within  five 
years  of  the  date  of  making  settlement,  file,  with  the  required  proof 


138         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

of  residence  and  cultivation,  a  plat  and  field  notes  of  the  lands  en- 
tered, made  by  or  nnder  the  direction  of  the  United  States  survej^or- 
general,  showing  accurately  the  boundaries  of  such  lands,  which 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and  by 
posting  a  copy  of  such  plat,  together  with  a  notice  of  the  time  and 
place  of  offering  proof,  in  a  conspicuous  place  on  the  land  embraced 
in  such  plat  during  the  period  prescribed  by  law  for  the  publication 
of  his  notice  of  intention  to  offer  proof,  and  that  a  copy  of  such 
plat  and  field  notes  shall  also  be  kept  posted  in  the  office  of  the  reg- 
ister of  the  land  office  for  the  land  district  in  which  such  lands  are 
situated  for  a  like  period;  and  further,  that  any  agricultural  lands 
within  forest  reserves  may,  at  the  discretion  of  the  Secretary,  be 
surveyed  by  metes  and  bounds,  and  that  no  lands  entered  under 
the  provisions  of  this  Act  shall  be  patented  under  the  commutation 
provisions  of  the  homestead  laws,  but  settlers,  upon  final  proof,  shall 
have  credit  for  the  period  of  their  actual  residence  upon  the  lands 
covered  by  their  entries. 

Act  June  11,  1906,  c.  3074,  s.  1,  as  amended  by  ;ict  May  30,  1908.  c.  233, 
35  Stilt.  554. 

This  section  is  iiinended  by  net  May  30.  1908,  c.  233,  by  striking  out  the 
words  "  except  the  following  counties  in  the  State  of  California :  Inyo, 
Tulare,  Kern.  Ventura,  Los  Angeles,  San  Bernardino,  Orange,  Riverside, 
and  San  Diego."  The  names  of  the  counties  San  Luis  Obispo  and  Santa 
Barbara  are  omitted  in  the  amendment. 

An  appropriation  for  survey  and  listing  of  lands  within  forest  reserves 
chiefly  valuable  for  agriculture,  as  required  by  this  act,  is  made  in  the 
agricultural  appropriation  act  for  the  fiscal  year  1913,  set  forth  on  p.  182, 
post. 

Additional  homestead  right  of  entry  to  former  settlers;  payment  of  price  of 
lands  required. 

Sec.  2.  That  settlers  upon  lands  chiefly  valuable  for  agriculture 
within  forest  reserves  on  January  first,  nineteen  hundred  and  six. 
who  have  already  exercised  or  lost  their  homestead  privilege,  but  are 
otherwise  competent  to  enter  lands  under  the  homestead  laws,  are 
hereby  granted  an  additional  homestead  right  of  entry  for  the  pur- 
poses of  this  Act  only,  and  such  settlers  must  otherwise  comply  with 
the  provisions  of  the  homestead  law,  and  in  addition  thereto  must 
pay  two  dollars  and  fifty  cents  per  acre  for  lands  entered  under  the 
provisions  of  this  section,  such  payment  to  be  made  at  the  time  of 
making  final  proof  on  such  lands. 

Act  .Tune  11.  1900,  c.  3074,  s.  2.  34  Stat.  234 

Entries  in  Black  Hills  Forest  Reserve  subject  to  mining  laws  and  laws  and 
regulations  relating  to  waters;  limitation  of  title  acquired  as  to  riparian 
rights. 

Sec.  '}.  That  all  entries  under  this  Act  in  the  Black  Hills  Forest 
Keserve  shall  bo  subject  to  the  quartz  or  lode  mining  laws  of  the 
United  States,  and  the  laws  and  regulations  permitting  the  location, 
appropriation,  and  use  of  the  waters  within  the  said  forest  reserves 
for  mining,  irrigation,  and  other  purposes;  and  no  titles  acquired  to 
agricultural  lands  in  said  Black  llilis  Forest  Reserve  under  this  Act 
shall  vest  in  the  patentee  any  riparian  rights  to  any  stream  or  streams 
of  flowing  water  within  said  reserve;  and  that  such  limitation  of  title 
s^hall  be  expressed  in  the  patents  for  the  lands  covered  by  such  entries. 

Act  Juno  n,  1900.  c.  .3074.  s.  3,  34  Stat.  234. 


FOREST   SERVICE.  139 

Homestead  settlements  or  entries  not  allowed  in  certain  portions  of  Black  Hills 
Forest  Reserve  except  to  give  title  to  former  settlers. 

Sec.  4.  That  no  homestead  settlements  or  entries  shall  be  allowed  in 
that  portion  of  the  Black  Hills  Forest  Reserve  in  Lawrence  and  Pen- 
nington counties  in  South  Dakota  except  to  persons  occupying  lands 
therein  prior  to  January  first,  nineteen  hundred  and  six,  and  the  pro- 
visions of  this  Act  shall  apply  to  the  said  counties  in  said  reserve  only 
so  far  as  is  necessary  to  give  and  jperfect  title  of  such  settlers  or  occu- 
pants to  lands  chiefly  valuable  for  agriculture  therein  occupied  or 
claimed  by  them  prior  to  the  said  date,  and  all  homestead  entries 
under  this  Act  in  said  counties  in  said  reserve  shall  be  described  by 
metes  and  bounds  survey. 

Act  June  11,  1906,  c.  3074.  s.  4,  34  Stat.  234. 

Certain  lands  in  the  Black  Hills  Forest  Reserve,  South  Dakota,  are 
excepted  from  the  operation  of  this  section  by  act  Februarv  S,  inOT. 
c.  S96,  and  act  July  3,  1912,  c.  195,  set  forth  below. 

Act  not  to  be  construed  to  authorize  future  settlements  on  lands  within  forest 
reserves,  or  to  impair  rights  of  former  bona  fide  settlers. 

Sec.  5.  That  nothing  herein  contained  shall  be  l>eld  to  authorize 
any  future  settlement  on  any  lands  within  forest  reserves  until  such 
lands  have  been  opened  to  settlement  as  provided  in  this  Act.  or  to 
in  any  way  impair  the  legal  rights  of  any  bona  fide  homestead  settler 
who  has  or  shall  establish  residence  upon  public  lands  prior  to  their 
inclusion  within  a  forest  reserve. 

Act  June  11.  1906,  c.  3074,  s.  5,  34  Stat.  234. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Lands  listed  under  act  June   11,   1906,  not  to  pass  from  forest  reserves  until 
patents  issue. 

*  *  *  no  land  listed  under  the  Act  of  June  eleventh,  nine- 
teen hundred  and  six,  shall  pass  from  the  forest  until  patent 
issues;     *     *     * 

Act  August  10,  1912,  c.  284,  37  Stat.  287. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

ACT  FEBRUARY  8,  1907,  c.  896.  An  act  excepting  certain  lands  in  Pennington 
County,  South  Dakota,  from  the  operation  of  the  provisions  of  section  four 
of  an  act  approved  June  eleventh,  nineteen  hundred  and  six,  entitled  "An 
act  to  provide  for  the  entry  of  asiricultural  lands  within  forest  reserves." 
(34  Stat.  883.) 

Certain  townships  in  Black  Hills  Forest  Reserve  excepted  from  provisions  re- 
stricting homestead  settlements  or  entries  therein. 

That  the  following  described  townships  in  the  Black  Hills  Forest 
Reserve,  in  Pennington  County,  South  Dakota,  to  wit:  Townships 
one  north,  one  east;  two  north,  one  east;  one  north,  two  east;  two 
north,  two  east;  one  south,  one  east;  two  south,  one  east;  one  south, 
two  east ;  and  two  south,  two  east,  Black  Hills  meridian,  are  hereby 
excepted  from  the  operation  of  the  provisions  of  section  four  of  an 
Act  entitled  "An  Act  to  provide  for  the  entry  of  agricultural  lands 
within  forest  reserves,"  approved  June  eleventh,  nineteen  hundred 
and  six.  The  lands  within  the  said  townships  to  remain  subject  to 
all  other  provisions  of  said  Act. 

Act  Februarv  8,  1907.  c.  806,  34  Stat.  88.?. 

Act  June  11,  1906,  c.  3074,  s.  4,  mentioned  in  this  act,  is  set  forth  above. 


140         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

ACT  JULY  3,  1912,  c.  195.  An  act  excepting  certain  lands  in  Lawrence  and 
Pennington  Counties,  South  Dakota,  from  the  operation  of  the  provisions 
of  section  four  of  an  act  approved  June  eleventh,  nineteen  hundred  and 
six,  entitled  "An  act  to  provide  for  the  enti'y  of  agricultural  lands  within 
forest  reserves."     (37  Stat.  188.) 

Certain  townships  in  Black  Hills  Forest  Keserve  excepted  from  provisions  re- 
stricting homestead  settlements  or  entries  therein. 

That  the  following-described  townships  in  the  Black  Hills  Forest 
Reserve,  South  Dakota,  to  wit:  Township  three  north,  one  east,  and 
so  much  of  townships  two  north,  one  east,  and  two  north,  two  east, 
as  are  within  Lawrence  County,  and  township  one  north,  three  east, 
in  Pennington  County,  Black  Hills  meridian,  are  hereby  excepted 
from  the  ojDcration  of  the  provisions  of  .section  four  of  an  Act  entitled 
"An  Act  to  provide  for  the  entry  of  agricultural  lands  within  forest 
reserves,"  approved  June  eleventh,  nineteen  hundred  and  six.  The 
lands  within  the  said  townships  to  remain  subject  to  all  other  pro- 
visions of  said  Act. 

Act  July  3,  1912,  c.  195,  37  Stat.  188. 

Act  June  11,  1906,  c.  3074,  s.  4,  mentioned  in  this  act,  is  set  forth  on 
p.  139,  ante. 

ACT  MARCH  15,  1906,  c.  950.  An  act  to  extend  the  provisions  of  the  home- 
stead laws  to  certain  lands  in  the  Yellowstone  Forest  Reserve.  (34 
Stat.  G2.) 

Homestead  laws  extended  to  certain  lands  in  Yellowstone  Forest  Reserve;  com- 
mutation provisions  not  to  apply;   rights  of  prior  settlers  revived. 

That  the  general  provisions  of  the  homestead  laws  of  the  United 
States  be,  and  the  same  are  hereb}'',  extended  to  and  over  the  surveyed 
lands  in  townships  forty-eight,  forty-nine,  and  fifty,  and  ranges  one 
hundred  and  five  and  one  hundred  and  six,  within  the  Yellowstone 
Forest  Reserve,  and  the  said  lands  shall  be  subject  to  entry  ninety 
daj's  after  the  passage  of  this  Act,  within  which  ninety-day  period 
the  Secretary  of  Agriculture  may  set  aside  such  portions  of  said 
lands  as  were  not  occupied  by  a  bona  fide  settler  January  first,  nine- 
teen hundred  and  six,  not  to  exceed  in  the  aggregate  one  hundred 
and  sixty  acres,  as  may  be  necessary  for  forest  reserve  administrative 
purposes,  which  lands  so  set  aside  shall  not  be  subject  to  settlement 
entry  or  location  during  the  life  of  the  forest  reserve:  Provided, 
That  the  commutation  clau.se  of  the  homestead  laws  shall  not  apply 
to  the  said  lands,  and  any  bona  fide  settler  who  made  settlement  on 
said  lands  prior  to  January  fir.st,  nineteen  hundred  and  six.  and  who 
had  prior  to  that  time  lost  or  exercised  his  homestead  right,  may 
enter  and  perfect  title  to  the  lands  settled  upon  by  him  as  though 
his  homestead  right  had  not  been  lost  or  exerci-sed,  upon  the  payment 
of  the  sum  of  one  dollai-  and  twenty-five  cents  per  acre  for  the  land 
included  in  his  entry  at  the  time  of  making  final  proof. 

Act  March  15,  1906,  c.  950.  34  Stat.  62. 

r.t^iiornl  iirovisions  for  opening  to  homestead  entry  agricultural  lands 
within  forest  reserves  are  contained  in  act  June  11,  190G,  o.  3074,  set  forth 
on  p.  139,  ante. 

ACT  MARCH  3.  1911,  c.  225.  An  net  providing  for  the  validation  of  certain 
honiostead  entries.      (3(;  Stat.  10.84.) 

Reinstatement  of  homestead  entries  canceled  or  relinquished  because  of  errone- 
ous allowance  after  withdrawal  of  lands  for  national  forest  purposes. 

That  all  homestead  entries  Avhich  have  been  canceled  or  relin- 
quished, or  are  invalid  solely  because  of  the  erroneous  allowance  of 


FOREST   SERVICE.  141 

such  entries  after  the  withdrawal  of  hinds  for  national  forest  pur- 
poses, may  he  reinstated  or  allowed  to  remain  intact,  but  in  the  case 
of  entries  heretofore  canceled  anplications  for  reinstatement  must  Ije 
filed  in  the  proper  local  land  otlice  prior  to  July  first,  nineteen  hun- 
dred and  twelve. 

Act  March  3,  1911,  c.  225,  s.  1,  36  Stat.  10S4. 

Contestants  prior  to  withdrawal  of  lands  for  national  forest  purposes  may 
exercise  preference  right  to  enter. 

Sec.  2.  That  in  all  cases  where  contests  were  initiated  under  the 
provisions  of  the  Act  of  May  fourteenth,  eighteen  hundred  and 
eighty,  prior  to  the  withdrawal  of  the  land  for  national  forest  pur- 
poses, the  qualified  successful  contestants  may  exercise  their  prefer- 
ence right  to  enter  the  land  within  six  months  after  the  passage  of 
this  Act. 

Act  March  3,  1911,  c.  225,  s.  2,  36  Stat.  10S4. 

ACT  JUNE  3,  1878,  c.  150.  An  act  authorizing  citizens  of  Colorado,  Nevadii  and 
the  Territories  to  fell  and  remove  timber  on  the  public  domain  for  mining 
and  domestic  purposes.     (20  Stat.  88.) 

Timber  on  mineral  lands  may  be  cut  for  certain  purposes. 

That  all  citizens  of  the  United  States  and  other  persons,  bona  fide 
residents  of  the  State  of  Colorado,  or  Nevada,  or  either  of  the  Terri- 
tories of  New  Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho,  or 
Montana,  and  all  other  mineral  districts  of  the  United  States,  shall 
be,  and  are  hereby,  authorized  and  permitted  to  fell  and  remove,  for 
building,  agricultural,  mining,  or  other  domestic  purposes,  any  timber 
or  other  trees  growing  or  being  on  the  public  lands,  said  lands  being 
mineral,  and  not  subject  to  entry  under  existing  laws  of  the  United 
States,  except  for  mineral  entry,  in  either  of  said  States,  Territories, 
or  districts  of  which  such  citizens  or  persons  may  be  at  the  time 
bona-fide  residents,  subject  to  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe  for  the  protection  of  the  timber 
and  of  the  undergrowth  growing  upon  such  lands,  and  for  other  pur- 
poses: Provided^  the  provisions  of  this  act  shall  not  extend  to  rail- 
road corporations. 

Act  June  3,  1878,  c.  150,  s.  1,  20  Stat.  88. 

Registers  and  receivers  to  notify  Commissioner  of  General  Land  Office  of  un- 
lawful cutting  of  timber. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and  the  receiver  of 
any  local  land-office  in  whose  district  any  mineral  land  may  be  situ- 
ated to  ascertain  from  time  to  time  whether  any  timber  is  being  cut 
or  used  upon  any  such  lands,  except  for  the  purposes  authorized  by 
this  act,  within  their  respective  land  districts;  and,  if  so,  they  shall 
immediately  notify  the  Commissioner  of  the  General  Land  Office  of 
that  fact ;  and  all  necessary  expenses  incurred  in  making  such  proper 
examinations  .shall  be  paid  and  allowed  such  register  and  receiver 
in  making  up  their  next  quarterly  accounts. 

Act  June  3,  1878,  c.  150,  s.  2,  20  Stat.  88. 
Penalty  for  violations  of  act. 

Sec.  3.  Any  person  or  persons  who  shall  violate  the  provisions  of 
this  act,  or  any  rules  and  regulations  in  pursuance  thereof  made  by 


142         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

the  Secretar}'  of  the  Interior,  shall  be  deemed  guilty  of  a  misde- 
meanor, and.  upon  conviction,  shall  be  fined  in  any  sum  not  exceed- 
ing five  hundred  dollars,  and  to  which  may  be  added  imprisonment 
for  anv  term  not  exceeding  six  months. 

Act  June  3,  1878,  c.  150,  s.  3,  20  Stat.  89. 

ACT  AUGUST  4,  1892,  c.  375,     Au  act  to  autliorize  the  entry  of  lauds  chiefly 
valuable  for  building  stone  under  the  placer  mining  laws.     (27  Stat.  348.) 

Entry    of    lands    valuable    for    biiilding    stone    under    laws    relating    to    placer 
mineral  claims;    school  lands  excepted. 

That  any  person  authorized  to  enter  lands  under  the  mining  laws 
of  the  United  States  may  enter  lands  that  are  chiefly  valuable  for 
building  stone  under  the  provisions  of  the  law  in  relation  to  placer 
mineral  claims:  Provided^  That  lands  reserved  for  the  benefit  of  the 
public  schools  or  donated  to  any  State  shall  not  be  subject  to  entry 
under  this  act. 

Act  August  4,  1892.  c  375,  s.  1,  27  Stat.  348. 

The  placer  mining  laws  are  incorporated  in  Rev.  St.  sees.  2329-2333. 

Forest  reservations  not  aflfected  by  this  act. 

Sec.  3.  That  nothing  in  this  act  shall  be  construed  to  repeal  section 
twenty-four  of  the  act  entitled  "An  act  to  repeal  timber-culture  laws, 
and  for  other  purposes,"  approved  March  third,  eighteen  hundred 
and  ninety-one. 

Act  August  4,  1802.  c.  375,  s.  3.  27  Stat.  348. 

Act  March  3,  1891,  c.  561,  s.  24,  mentioned  in  this  section,  is  set  forth 
on  p.  87,  ante. 

ACT  MAY  29,  1908.  c.  220.      (35  Stat.  465.) 

Mining  laws  extended  to  certain  lands  in  Montana;  act  not  to  apply  to  Forest 
Service  administration  sites. 

Sec.  11.  That  all  the  provisions  of  the  mining  laws  of  the  United 
States  are  hereby  extended  and  made  applicable  to  the  undisposed-of 
lands  in  the  Bitter  Root  Valley,  State  of  Montana,  above  the  mouth 
of  the  Lo  Lo  Fork  of  the  Bitter  Eoot  River,  designated  in  the  Act  of 
June  fifth,  eighteen  hundred  and  seventy-two:  Provided^  That  all 
mining  locations  and  entries  heretofore  made  or  attempted  to  be  made 
upon  said  lands  shall  be  determined  by  the  Department  of  the  In- 
terior as  if  said  lands  had  been  subject  to  mineral  location  and  entry 
at  the  time  such  locations  and  entries  were  made  or  attempted  to  be 
made:  And  'provided  further^  That  this  Act  shall  not  be  applicable 
to  lands  withdrawn  for  administration  sites  for  use  of  the  Forest 
Service. 

Act  May  29.  1908.  c.  220.  s.  11,  35  Stat.  467. 

ACT  JANUARY  21,  1895,  c.  37.      (28  Stat.  635.) 
Kight  of  way  to  electric  power  companies. 

Sec.  2.  That  the  Secretary  of  the  Interior  be,  and  hereb}^  is,  au- 
(liorized  and  empowered,  under  general  regulations  to  be  fixed  by 
him.  to  permit  tlie  use  of  right  of  way  to  the  extent  of  twenty-five 
teet,  together  with  tlie  use  of  necessary  ground,  not  exceeding  forty 
acie!>.  upon  the  public  lands  and  forest  reservations  of  the  United 
States,  bv  anv  citizen  or  association  of  citizens  of  the  United  States. 


FOREST   SERVICE.  143 

for  the  purpose  of  generating,  manufacturing,  or  distributing  electric 
power. 

Act  JamiJiry  21.  ISUH.  c.  37,  s.  2.  28  Stat.  03r.,  :is  aiiiemled  bv  act 
-May  14,  1SS)0,  c.  179,  29  Stat.  120. 

The  Secretai-j'  of  Agriculture  shall  execute  all  laws  affecting  public 
lands  reserved  as  forest  reservations  except  such  laws  as  affect  the  sur- 
veying, prospecting,  locating,  entering,  etc.,  and  patenting  of  such  lands, 
by  the  provisions  of  act  February  1,  1905,  c.  288,  s.  1,  .set  forth  on 
J).  SG.  ante. 

ACT  FEBRUARY  15,  1901,  c.  372.  An  act  relating  to  rights  of  way  through 
certain  parks,  reservations,  and  other  public  lauds.     (31  Stat.  790.) 

Rights  of  way  through  forest  reservations,  etc..  for  electrical  plants,  poles,  and 
lines  for  the  generation  and  distribution  of  electrical  power  and  for  tele- 
phone and  telegraph  purposes;  for  canals,  ditches,  pipes  and  pipe  lines, 
flues,  tunnels,  etc.;  and  for  water  plants,  dams,  and  reservoirs. 

That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized  and 
empowered,  under  general  regulations  to  be  fixed  by  him.  to  permit 
the  use  of  rights  of  way  through  the  public  lands,  forest  and  other 
reservations  of  the  United  States,  and  the  Yosemite,  Sequoia,  and 
General  Grant  national  parks,  California,  for  electrical  plants,  poles, 
and  lines  for  the  generation  and  distribution  of  electrical  power,  and 
for  telephone  and  telegi'aph  purposes,  and  for  canals,  ditches,  pipes 
and  pipe  lines,  flumes,  tunnels,  or  other  water  conduits,  and  for  water 
plants,  dams,  and  reservoirs  used  to  promote  irrigation  or  mining 
or  quarr^^ing.  or  the  manufacturing  or  cutting  of  timber  or  lumber, 
or  the  supplying  of  water  for  domestic,  public,  or  any  other  beneficial 
uses  to  the  extent  of  the  ground  occupied  -by  such  canals,  ditches, 
flumes,  tunnels,  reservoirs,  or  other  w^ater  conduits  or  water  plants, 
or  electrical  or  other  works  permitted  hereunder,  and  not  to  exceed 
fifty  feet  on  each  side  of  the  marginal  limits  thereof,  or  not  to  exceed 
fifty  feet  on  each  side  of  the  center  line  of  such  pipes  and  pipe  lines, 
electrical,  telegraph,  and  telephone  lines  and  poles,  by  any  citizen, 
association,  or  corporation  of  the  United  States,  where  it  is  intended 
by  such  to  exercise  the  use  permitted  hereunder  or  any  one  or  more 
of  the  purposes  herein  named :  Provided,  That  such  permits  shall 
be  allowed  within  or  through  any  of  said  parks  or  any  forest,  mili- 
tary, Indian,  or  other  reservation  only  upon  the  approval  of  the  chief 
officer  of  the  department  under  whose  supervision  such  park  or 
reservation  falls  and  upon  a  finding  by  him  that  the  same  is  not 
incompatible  with  the  public  interest:  Prorided  furtJitv.  That  all 
permits  given  hereunder  for  telegraph  and  telephone  purposes  .shall 
be  subject  to  the  provision  of  title  sixty-five  of  the  Revised  Statutes 
of  the  United  States,  and  amendments  thereto,  regulating  rights  of 
way  for  telegraph  companies  over  the  public  domain:  And  prorided 
further^  That  any  permission  given  by  the  Secretary  of  the  Interior 
under  the  provisions  of  this  act  may  be  revoked  by  him  or  his  suc- 
cessor in  his  discretion,  and  shall  not  be  held  to  confer  any  right, 
or  easement,  or  interc-t  in,  to,  or  over  any  public  land,  reservation, 
or  park. 

Act  February  15,  1901,  c.  372,  31  Stat.  790. 

The  Secretary  of  Agriculture  shall  execute  all  laws  affecting  public 
lands  reserved  as  forest  reservations  except  such  laws  as  affect  the 
surveving,  prospecting,  locating,  entering,  etc.,  and  patenting  of  such 
lands'  by  the  provisions  of  act  February  1,  1905,  c.  288,  s.  1,  set  forth 
on  p.  86,  ante. 


144         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTUEE. 

Title  G5  of  the  Revised  Statutes,  mentioned  above,  embraces  Rev.  St. 
sees.  52G3-52G9.  Rev.  St.  sees.  5263-5265,  5267,  and  5268,  are  set  forth 
below,  and  Rev.  St.  sees.  5266  and  5269,  are  set  forth  on  p.  382,  post, 
under  "  Telegraphs." 

HEV.  ST.  SEC.  5263. 

Use  of  public  domain  for  telegraph  lines. 

Sec.  5203.  Any  telegraph  company  now  organized,  or  which  may 
hereafter  be  organized,  under  the  laws  of  any  State,  shall  have  the 
right  to  construct,  maintain,  and  operate  lines  of  telegraph  through 
and  over  any  portion  of  the  public  domain  of  the  United  States, 
over  and  along  any  of  the  military  or  post  roads  of  the  United  States 
which  have  been  or  may  hereafter  be  declared  such  by  law,  and  over, 
under,  or  across  the  navigable  streams  or  waters  of  the  United  States; 
but  such  lines  of  telegraph  shall  be  so  constructed  and  maintained 
as  not  to  obstruct  the  navigation  of  such  streams  and  waters,  or  in- 
terfere with  the  ordinary  travel  on  such  military  or  post  roads. 

REV.  ST.  SEC.  5264. 

tJse  of  materials  from  public  lands. 

Sec.  5264.  Any  telegraph  company  organized  under  the  laws  of 
any  State  shall  have  the  right  to  take  and  use  from  the  public  lands 
through  which  its  lines  of  telegraph  ina,j  pass,  the  necessary  stone, 
timber,  and  other  materials  for  its  posts,  piers,  stations,  and  other 
needful  uses  in  the  construction,  maintenance,  and  operation  of  its 
lines  of  telegraph,  and  may  pre-empt  and  use  such  portion  of  the 
unoccupied  public  lands  subject  to  pre-emption  through  which  their 
lines  of  telegraph  may  be  located  as  may  be  necessary  for  their 
station.s,  not  exceeding  forty  acres  for  each  station;  but  such  stations 
shall  not  be  within  fifteen  miles  of  each  other. 

REV.  ST.  SEC.  5265. 

Rights  granted  not  transferable. 

Sec.  5265.  The  rights  and  privileges  granted  under  the  provisions 
of  the  act  of  July  twenty-four,  eighteen  hundred  and  sixty-six,  en- 
titled "xVn  act  to  aid  in  the  construction  of  telegraph  lines,  and  to 
secure  to  the  Government  the  use  of  the  same  for  postal,  military, 
and  other  purposes,"  or  under  this  Title,  shall  not  be  transferred  by 
any  company  acting  thereunder  to  any  other  corporation,  association, 
or  person. 

REV.  ST.  SEC.  5267. 
Government  entitled  to  purchase. 

Sec.  5207.  The  United  States  may,  for  postal,  military,  or  other 
purposes,  purchase  all  the  telegraph  lines,  property,  and  effects  of  any 
or  all  companies  acting  under  the  ])rovisions  of  the  act  of  July 
twenty-fourtii,  eighteen  hundred  and  sixtj'^-six,  entitled  "An  act  to 
aid  in  the  construction  of  telegraph  lines,  and  to  secure  to  the  Gov- 
ernment the  use  of  the  same  for  postal,  military,  and  other  purposes," 
or  under  this  Title,  at  an  appraised  value,  to  be  ascertained  by  five 
competent,  disinterested  persons,  two  of  whom  shall  be  selected  by 
the  JPostma.ster-General  of  the  United  States,  two  by  the  company 
interested,  and  one  by  the  four  so  previously  selected. 

The  "Title"  above  inontioned  is  Title  65  of  the  Revised  Statutes,  em- 
brncing  Rev.  St.  sees.  5263-5269.  Rev.  St.  sees.  5263-5265  are  set  forth 
above:  Rev.  St.  sec.  5268  is  set  forth  belovc;  and  Rev.  St.  sees.  5266, 
5269,  are  set  forth  on  page  382,  post,  under  "  Telegraphs." 


FOREST   SERVICE.  145 

REV.  ST.  SEC.  5268. 

Acceptance  of  obligation  to  be  filed. 

Sec.  52(58.  Before  any  telegraph  company  shall  exercise  any  of  the 
powers  or  privileires  conferred  by  law  such  coin]iany  shall  file  their 
Avritten  acceptance  with  (he  Postmaster-General  of  the  restrictions 
and  obligations  required  by  law. 

ACT  MARCH  4,  1911,  c.  238.      (36  Stat.  1235.) 

Rights  of  way  through  national  forests,  etc.,  for  electrical  poles  and  lines  for 
transmission  and  distribution  of  electrical  power,  and  for  telephone  and 
telegraph  purposes. 

That  the  head  of  the  department  having  jurisdiction  over  the 
lands  be,  and  he  hereby  is,  authorized  and  empowered,  under  general 
regulations  to  be  fixed  by  him,  to  grant  an  easement  for  rights  of 
"Way,  for  a  period  not  exceeding  fifty  j^ears  from  the  date  of  the  is- 
suance of  such  grant,  over,  across,  and  upon  the  public  lands,  national 
forests,  and  reservations  of  the  United  States  for  electrical  poles  and 
lines  for  the  transmission  and  distribution  of  electrical  power,  and 
for  poles  and  lines  for  telephone  and  telegraph  purpo.ses,  to  the  ex- 
tent of  twenty  feet  on  each  side  of  the  center  line  of  such  electrical, 
telephone  and  telegraph  lines  and  poles,  to  any  citizen,  association, 
or  corporation  of  the  United  States,  where  it  is  intended  by  such  to 
exercise  the  right  of  way  herein  granted  for  any  one  or  more  of  the 
purposes  herein  named :  Provided,  That  siich  right  of  way  shall  be 
allowed  within  or  through  any  national  park,  national  forest,  mili- 
tary, Indian,  or  any  other  reservation  only  upon  the  approval  of  the 
chief  officer  of  the  department  under  whose  supervision  or  control 
such  reservation  falls,  and  upon  a  finding  by  him  that  the  same  is 
not  incompatible  with  the  public  interest:  ProHded.  That  all  or  any 
part  of  such  right  of  way  may  be  forfeited  and  annulled  by  declara- 
tion of  the  head  of  the  department  having  jurisdiction  over  the  lands 
for  nonuse  for  a  period  of  two  years  or  for  abandonment. 

That  any  citizen,  association,  or  corporation  of  the  United  States 
to  whom  there  has  heretofore  been  issued  a  permit  for  any  of  the 
purposes  specified  herein  under  any  existing  law,  may  obtain  the 
ijenefit  of  this  Act  ui^on  the  same  terms  and  conditions  as  shall  be 
required  of  citizens,  associations,  or  corporations  hereafter  making 
application  under  the  provisions  of  this  statute. 

Act  March  4,  1911,  c.  238,  36  Stat.  1253. 

These  are  provisions  of  the  iigriculturnl  appropriation  act  for  the 
fiscnl  year  1912,  cited  above. 

The'  Secretary  of  Agriculture  shnll  execute  .m11  lnws  afifectiug  public 
lands  reserved  as  forest  reservations  except  such  laws  as  affect  the  sur- 
veying, prosi>ecting,  locating  entering,  etc.,  and  patenting  of  such  lands, 
by  the  provisions  of  act  Fel)ruary  1.  1905,  c.  288,  s.  1,  set  forth  on  p.  86, 
ante. 

ACT  FEBRUARY  28.  1899,  c.  221.  An  act  to  authorize  the  Secretary  of  the 
Interior  to  rent  or  lease  certain  portions  of  forest  reserve.     (30  Stat.  90S.) 

Leases  of  grounds  within  forest  reserves  for  hotels,  sanitariums,  etc. 

That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized, 
under  such  rules  and' regulations  as  he  from  time  to  time  may  make,  to 
lent  or  lease  to  responsible  persons  or  corporations  applying  therefor 

71657—13 10 


146         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

suitable  spaces  and  portions  of  ground  near,  or  adjacent  to,  mineral, 
medicinal,  or  oth or  spring-,  within  any  forest  reser^'es  established 
within  the  United  states,  or  hereafter  to  be  established,  and  where 
the  public  is  accustomed  or  desires  to  frequent,  for  health  or  pleasure, 
for  the  purpose  of  erectini^  upon  such  leased  ground  sanitariums  or 
hotels,  to  be  opened  for  the  reception  of  the  public.  And  he  is  further 
authorized  to  make  such  regulations,  for  the  convenience  of  people 
visiting  such  springs,  with  reference  to  spaces  and  locations,  for  the 
erection  of  tents  or  temporary  dwelling  houses  to  be  erected  or  con- 
structed for  the  use  of  those  visiting  such  springs  for  health  or 
pleasure.  And  the  Secretary  of  the  Interior  is  authorized  to  pre- 
scribe the  terms  and  duration  and  the  compensation  to  be  paid  for 
the  privileges  granted  under  the  provisions  of  this  Act. 

Act  February  28,  1899,  c.  221.  s.  1,  30  Stat.  908. 

The  Secretary  of  Agriculture  shall  execute  all  laws  affecting  public 
lands  reserved  as  forest  reservations  except  such  laws  as  affect  the  sur- 
veying, prospecting,  locating,  entering,  etc.,  and  patenting  of  such  lands, 
by  the  provisions  of  act  February  1,  1905,  c.  288,  s.  1.  set  forth  on  p.  86, 
ante. 

Disposition  of  funds  from  privileges  granted. 

Sec.  2.  All  funds  arising  from  the  privileges  granted  hereunder 
shall  be  covered  into  the  Treasury  of  the  United  States  as  a  special 
fund,  to  be  expended  in  the  care  of  public  forest  reservations. 

Act  February  28,  1899,  c.  221,  s.  2,  30  Stat.  908. 

ACT  FEBRUARY  8,  1905,  c.  552.  An  act  authorizing  the  use  of  earth,  stone, 
and  timber  on  the  public  lands  and  forest  reserves  of  the  United  States  in 
the  construction  of  worlvS  under  the  national  irrigation  law.     (33  Stat.  TOG.) 

Use  of  earth,  stone,  and  timber  from  the  forest  reserves,  etc.,  for  construction 
of  irrigation  works. 

That  in  carrying  out  the  provisions  of  the  national  irrigation  law, 
approved  Jime  seventeenth,  nineteen  hundred  and  two,  and  in  con- 
structing works  thereunder,  the  Secretary  of  the  Interior  is  hereby 
authorized  to  use  and  to  permit  the  use  by  those  engaged  in  the  con- 
struction of  works  imder  said  law.  imder  rules  and  regulations  to  be 
prescribed  by  him,  such  earth,  stone,  and  timber  from  the  public 
lands  of  the  United  States  as  may  be  required  in  the  construction  of 
such  works,  and  the  Secretary  of  Agriculture  is  hereby  authorized 
to  permit  the  use  of  earth,  .stone,  and  timber  from  the  forest  reserves 
of  the  United  States  for  the  same  purpose,  under  rules  and  regu- 
lations to  be  prescribed  by  him. 

Act  February  8.  1905,  c.  552,  33  Stat.  706. 

ACT  MARCK  3,  1875.  c.  152.  An  act  granting  to  railroads  the  right  of  way 
tlirough  the  public  lands  of  the  Uuiteti  States.     (IS  Stat.  482.) 

That  tlie  right  of  way  through  the  public  lands  of  the  United 
States  is  hereby  granted  to  any  railroad  company  duly  organized 
under  the  laws  of  any  State  or  Territory,  except  the  District  of  Co- 
hunbia,  or  by  the  Congress  of  the  United  States,  which  shall  have 
filed  with  the  Secretary  of  the  Interior  a  copy  of  its  articles  of  in- 
corporation, and  duo  i>roofs  of  its  organization  under  the  same,  to 
the  ext<.Mit  of  one  huudied  feet  on  each  .side  of  the  central  line  of  said 
road;  also  the  right  to  take,  from  the  public  lands  adjacent  to  the 


FOREST   SERVICE.  147 

line  of  said  road,  material,  earth,  stone,  and  timber  necessary  for  the 
construction  of  said  i-ailroad;  also  ground  adjacent  to  such  right  of 
Avay  for  station-buildings,  depots,  machine  shops,  side-tracks,  turn- 
outs, and  water-stations,  not  to  exceed  in  amount  twenty  acres  for 
each  station,  to  the  extent  of  one  station  for  each  ten  miles  of  its  road. 
Act  March  3,  1S75,  c.  152,  s.  1,  18  Stat.  482. 

Rights  of  way  of  several  railroads  through  canyons,  etc.;  eflfect  on  wagon  roads 
and  highways. 

Sec.  2.  That  any  railroad  company  Avhose  right  of  way,  or  whose 
track  or  road-bed  upon  such  right  of  way,  passes  through  an}-  canyon, 
pass  or  defile,  shall  not  prevent  any  other  railroad  company  from  the 
use  and  occupancj'  of  the  said  canyon,  pass,  or  defile,  for  the  purposes 
of  its  road,  in  common  with  the  road  first  located,  or  the  crossing  of 
other  railroads  at  grade.  And  the  location  of  such  right  of  way 
through  any  canyon,  pass,  or  defile  shall  not  cause  the  disuse  of  any 
wagon  or  other  public  highway  now  located  therein,  nor  prevent  the 
location  through  the  same  of  any  such  w^agon  road  or  highway  where 
such  road  or  highway  may  be  necessary  for  the  public  accommoda- 
tion; and  where  any  change  in  the  location  of  such  wagon  road  is 
necessary  to  permit  the  passage  of  such  railroad  through  any  canyon, 
pass,  or  defile,  said  railroad  company  shall  before  entering  upon  the 
ground  occupied  hj  such  w'agon  road,  cause  the  same  to  be  recon- 
structed at  its  own  expense  in  the  most  favorable  location,  and  in  as 
perfect  a  manner  as  the  original  road:  Provided,  That  such  expenses 
shall  be  equitably  divided  between  any  number  of  railroad  companies 
occupying  and  using  the  same  canyon,  pass,  or  defile. 

Act  March  3,  1875,  c.  152,  s.  2,  18  Stat.  482. 
Condemnation  of  private  lands  and  claims. 

Sec.  3.  That  the  legislature  of  the  proper  Territory  may  provide 
for  the  manner  in  Avhich  private  lands  and  possessory  claims  on  the 
public  lands  of  the  United  States  may  be  condemned;  and  wdiere 
such  provisions  shall  not  have  been  made,  such  condemnation  may  be 
made  in  accordance  with  section  three  of  the  act  entitled  "An  act  to 
aid  in  the  construction  of  a  railroad  and  telegraph  line  from  the 
]SIissouri  River  to  the  Pacific  Ocean,  and  to  secure  to  the  Government 
the  use  of  the  same  for  postal,  militarj',  and  other  purposes,  approved 
July  first,  eighteen  hundred  and  sixty-two,"  approved  July  second, 
eighteen  hundred  and  sixtj'-four. 

Act  March  3.  1875.  c.  152,  s.  3,  18  Stat.  482. 
Profile  of  road  to  be  filed;  forfeiture  of  rights  granted. 

Sec.  4.  That  any  railroad-company  desiring  to  secure  the  benefits 
of  this  act,  shall,  within  twelve  months  after  the  location  of  any  sec- 
tion of  twenty  miles  of  its  road,  if  the  same  be  upon  surveyed  lands, 
and,  if  upon  unsurveyed  lands,  within  tAvelve  months  after  the  survey 
thereof  by  the  United  States,  file  with  the  register  of  the  land  office 
for  the  district  where  such  land  is  located  a  profile  of  its  road;  and 
upon  approval  thereof  by  the  Secretary  of  the  Interior  the  same  shall 
be  noted  upon  the  plats  in  said  office;  and  thereafter  all  such  lands 
over  which  such  right  of  way  shall  pass  shall  be  disposed  of  subject  to 
such  right  of  way :  Provided,  That  if  any  section  of  said  road  .shall  not 
be  completed  wi"thin  five  years  after  the  location  of  said  section,  the 


148         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

rights  herein  granted  shall  be  forfeited  as  to  any  such  uncompleted 
section  of  said  road. 

Act  Mnrch  3,  1875,  c.  152,  s.  4,  18  Stat.  483. 

This  section  is  ji  mended  by  act  June  2G,  190G,  c.  35.50,  and  act  Feb- 
ruary 25,  1909,  c.  191,  set  forth  below. 

Reserved  lands  excepted  from  act. 

Sec.  5.  That  this  act  shall  not  apply  to  any  lands  within  the 
limits  of  any  military,  park,  or  Indian  reservation,  or  other  lands 
specially  reserved  from  sale,  unless  such  right  of  way  shall  be  pro- 
vided for  by  treaty-stipulation  or  by  act  of  Congress  heretofore 
passed. 

Act  March  3,  1875,  c.  152,  s.  5,  IS  Stat.  483. 
Right  to  alter,  amend,  or  repeal  act,  reserved. 

Sec.  6.  That  Congress  hereby  reserves  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  act,  or  any  part  thereof. 

Act  March  3,  1875,  c.  152,  s.  6,  18  Stat.  483. 

ACT  JUNE  26,  1906,  c.  3550.  An  act  to  declare  and  enforce  the  forfeiture  pro- 
vided by  section  four  of  the  act  of  Congress  approved  March  thii'd,  eighteen 
hundred  and  seventy-five,  entitled  "An  act  granting  to  i-ailroads  the  right 
of  way  through  the  public  lands  of  the  United  States."     (34  Stat.  482.) 

Forfeiture  of  rights  granted  to  railroads  where  road  or  section  thereof  has  not 
been  constructed  in  five  years  after  location. 

That  each  and  everj-  grant  of  right  of  way  and  station  grounds 
heretofore  made  to  any  railroad  corporation  under  the  Act  of  Con- 
gress approved  March  third,  eighteen  hundred  and  seventy-five, 
entitled  '"An  Act  granting  to  railroads  the  right  of  way  through  the 
public  lands  of  the  United  States,"  where  such  railroad  has  not  been 
constructed  and  the  period  of  five  years  next  following  the  location  of 
said  road,  or  any  section  thereof,  has  now  expiree!,  shall  be,  and 
hereby  is,  declared  forfeited  to  the  United  States,  to  the  extent  of  any 
portion  of  such  located  line  now  remaining  unconstructcd,  and  the 
United  States  hereby  resumes  the  full  title  to  the  lands  covered 
thereby  freed  and  discharged  from  such  easement,  and  the  forfeiture 
hereby  declared  shall,  without  need  of  further  assurance  or  con- 
veyance, inure  to  the  benefit  of  any  owner  or  owners  of  land  hereto- 
fore conveyed  by  the  United  States  subject  to  any  such  grant  of 
right  of  way  or  station  grounds:  Provided.  That  in  any  case  under 
this  Act  wliere  constiuetion  of  llie  railroad  is  progressing  in  good 
faith  at  the  date  of  the  approval  of  this  Act  the  forfeiture  declared 
in  this  Act  shall  not  take  effect  as  to  such  line  of  railroad. 

Act  .Tune  2fi.  1900.  c.  S.-i.TO.  34  Stat.  4S2. 

Act  March  3.  1875.  c.  152.  s.  4,  mentioned  in  this  act.  is  sot  forth  above. 
Subsoquont  provisions  similar  to  those  of  this  act  are  contained  in  act 
Febni.iry  25.  1909,  c.  191.  set  forth  below. 

ACT  FEBRUARY  25,  1909,  c.  191.  An  act  to  declare  and  enforce  the  forfeiture 
l)rovi(i('d  by  section  four  of  the  act  of  Congress  approved  March  third, 
eighteen  hundred  and  seventy-five,  entitled  "An  Jict  granting  to  railroads 
the  riubt  of  way  through  the  public  lands  of  the  Uniteil  States."  (35 
Stat.  047.) 

Forfeiture  of  rights  granted  to  railroads  where  road  or  section  thereof  has  not 
been  constructed  in  five  years  after  location. 

That  each  and  every  grant  of  right  of  way  and  station  grounds 
heretofore  made  to  any  railroad  corporation  under  the  Act  of  Con- 


FOREST   SERVICE.  149 

gress  approved  ^larch  third,  eighteen  hundred  and  serventy-fivc,  en- 
titled "An  Act  ^ranting  to  railroads  the  rin:ht  of  way  through  the 
public  lands  of  the  United  States,"  where  such  railroad  has  not  been 
constructed  and  the  period  of  five  years  next  following  the  location 
of  said  road,  or  any  section  thereof,  has  now  expired,  shall  be,  and 
hereby  is,  declared  forfeited  to  the  United  States,  to  the  extent  of 
any  portion  of  such  located  line  now  remaining  unconstructed,  and 
the  United  States  hereby  resumes  the  full  title  to  the  lands  covered 
thereby  free  and  discharged  from  such  easement,  and  the  forfeiture 
hereby  declared  shall,  Avithout  need  of  further  assurance  or  convey- 
ance, inure  to  the  benefit  of  any  owner  or  owners  of  land  heretofore 
conveyed  by  the  United  States  subject  to  any  such  grant  of  right  of 
way  or  station  grounds:  Provided,  That  no  right  of  way  on  which 
construction  is  ])rogressing  in  good  faith  at  the  time  of  the  passage 
of  this  Act  shall  be  in  any  wnse  affected,  validated  or  invalidated,  by 
the  provisions  of  this  Act. 

Act  February  25,  1909,  c.  191,  35  Stat.  647. 

Act  March  3,  1ST5,  c.  152,  nieutioued  iu  this  act,  is  set  forth  above. 

ACT  MARCH  3.  1899,  c.  427.      (30  Stat.  1214.) 

Right  of  way  over  forest  reserves  for  wagon  roads,  railroads,  etc. 

That  in  the  form  provided  by  existing  law  the  Secretary  of  the  In- 
terior may  file  and  approve  surveys  and  plats  of  any  right  of  way  for 
a  wagon  road,  railroad,  or  other  highway  over  and  across  any  forest 
reservation  or  reservoir  site  when  in  his  judgment  the  public  inter- 
ests will  not  be  injuriously  affected  thereby. 

Act  March  3,  1899.  c.  427,  s.  1,  30  Stat.  1233. 

This  is  a  provision  of  the  deficiency  appropriation  act  for  the  fiscal 
year  1899,  cited  above. 

ACT  FEBRUARY  1.  1905,  c.  288.      (33  Stat.  628.) 

Rights  of  way  within  forest  reserves  for  dams,  reservoirs,  water  plants,  ditches, 
flumes,  pipes,  tunnels,  and  canals,  for  municipal  and  mining  purposes  and 
for  milling  and  reduction  of  ores. 

Sec.  4.  That  rights  of  way  for  the  construction  and  maintenance 
of  dams,  reservoirs,  water  plants,  ditches,  flumes,  pipes,  tunnels,  and 
canals,  within  and  across  the  forest  reserves  of  the  United  States  are 
hereby  granted  to  citizens  and  corporations  of  the  United  States  for 
municipal  or  mining  purposes,  and  for  the  purposes  of  the  milling 
and  reduction  of  ores,  during  the  period  of  their  beneficial  use, 
under  such  rules  and  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  the  Interior,  and  subject  to  the  laws  of  the  State  or  Territory 
in  which  said  reserves  are  respectively  situated. 

Act  February  1.  1905,  c.  28S,  s.  4.  33  Stat.  G28. 

This  section  is  part  of  "An  act  providing  for  the  transfer  of  forest 
reserves  from  the  Department  of  the  Interior  to  the  Department  of 
Agriculture,"  cited  above. 

ACT  MARCH  3.  1891.  c.  561.      (26  Stat.  1095.) 

Right  of  way  through  public  lands  and  reservations  to  canal  and  ditch  com- 
panies for  irrigation  purposes;  right  to  take  material,  earth,  and  stone  for 
construction. 

Sec.  18.  That  the  right  of  way  through  the  public  lands  and  reser- 
vations of  the  United  States  is  "hereby  granted  to  any  canal  or  ditch 


150         LAWS   APPLICABLE    TO   DEPARTMENT   OF  AGKICULTUEE. 

company  formed  for  the  purpose  of  irrigation  and  duly  organized 
under  the  laws  of  any  State  or  Territory-,  which  shall  have  filed,  or 
may  hereafter  file,  with  the  Secretary  of  the  Interior  a  copy  of  its 
articles  of  incorporation,  and  due  proofs  of  its  organization  under 
the  same,  to  the  extent  of  the  ground  occupied  by  the  water  of  the 
reservoir  and  of  the  canal  and  its  laterals,  and  hity  feet  on  each  side 
of  the  marginal  limits  thereof;  also  the  right  to  take,  from  the  public 
lands  adjacent  to  the  line  of  the  canal  or  ditch,  material,  earth,  and 
stone  necessary  for  the  construction  of  such  canal  or  ditch :  Provided, 
That  no  such  right  of  way  shall  be  so  located  as  to  interfere  with  the 
proper  occupation  by  the  Government  of  any  such  reservation,  and 
all  maps  of  location  shall  be  subject  to  the  approval  of  the  Depart- 
ment of  the  Government  having  jurisdiction  of  such  reservation,  and 
the  privilege  herein  granted  shall  not  be  construed  to  interfere  with 
the  control  of  water  for  irrigation  and  other  purposes  under  authority 
of  the  respective  States  or  Territories. 

Act  March  3,  1891,  c.  561,  s.  18,  26  Stat.  1101. 

Haps  to  be  filed;  approval  thereof;  damages  for  injuries  to  possessions  of 
settlers. 

Sec.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the 
benefits  of  this  act  shall,  within  twelve  months  after  the  location  of 
t€n  miles  of  its  canal,  if  the  same  be  upon  surveyed  lands,  and  if 
upon  unsurveyed  lands,  within  twelve  months  after  the  survey  thereof 
by  the  United  States,  file  with  the  register  of  the  land  office  for  the 
district  where  such  land  is  located  a  map  of  its  canal  or  ditch  and 
reservoir;  and  upon  the  approval  thereof  by  the  Secretary  of  the 
Interior  the  same  shall  be  noted  upon  the  plats  in  said  office,  and 
thereafter  all  such  lands  over  which  such  rights  of  way  shall  pass 
shall  be  disposed  of  subject  to  such  right  of  way.  Whenever  any 
person  or  corporation,  in  the  construction  of  any  canal,  ditch,  or 
reservoir,  injures  or  damages  the  possession  of  any  settler  on  the 
public  domain,  the  party  committing  such  injury  or  damage  shall  be 
liable  to  the  party  injured  for  such  injury  or  damage. 

Act  March  3,  1891,  c.  561,  s.  20,  26  Stat.  1102. 

Act  to  apply  to  existing  or  future  canals,  ditches,  or  reservoirs;  forfeiture  of 
rights  granted  upon  non-completion  of  any  section  of  canal  or  ditch  within 
five  years  after  location. 

Sec.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals, 
ditches,  or  reservoirs,  heretofore  or  hereafter  constructed,  Avhether 
constructed  by  corporations,  individuals,  or  association  of  individ- 
uals, on  the  filing  of  the  certificates  and  maps  herein  provided  for. 
If  such  ditch,  canal,  or  reservoir,  has  been  or  shall  be  constructed  by 
an  individual  or  association  of  individuals,  it  shall  be  sufficient  for 
such  individual  or  association  of  individuals  to  file  Avith  the  Secretary 
of  the  Interior,  and  with  the  register  of  the  land  office  where  said 
land  is  located,  a  map  of  the  line  of  such  canal,  ditch,  or  reservoir,  as 
in  case  of  a  corporation,  with  tlie  nauie  of  the  individual  owner  or 
owners  thereof,  together  with  tlie  articles  of  association,  if  any  there 
be.  Plats  heretofore  filed  shall  have  the  benefits  of  this  act  from  the 
date  of  their  filing,  as  though  filed  under  it:  Provided,  That  if  any 
section  of  .said  canal  or  ditch  .shall  not  be  completed  within  five  years 


I 


FOREST   SERVICE.  151 

after  the  location  of  said  section,  the  rights  herein  granted  shall  be 
forfeited  as  to  any  uncompleted  section  of  said  canal,  ditch,  or 
reservoir,  to  the  extent  that  the  same  is  not  completed  at  the  date  of 
the  forfeiture. 

Act  March  3,  1801,  c.  5G1»  s.  20,  26  Stat.  1102. 

Use  of  right  of  way  for  canal  or  ditch  only. 

Sec.  21.  That  nothing  in  this  act  shall  authorize  such  canal  or 
ditch  company  to  occupy  such  right  of  way  except  for  the  purpose 
of  said  canal  or  ditch,  and  then  only  so  far  as  may  be  necessary  for 
the  construction,  maintenance,  and  care  of  said  canal  or  ditch. 

Act  March  3,  1891,  c.  561,  s.  21,  26  Stat.  1102. 

The  above  sections  are  amended  by  act  May  11,  1898,  c.  292,  s.  2,  set 
forth  below. 

ACT  MAY  11,  1898,  c.  292.      (30  Stat.  404.) 

Rights  of  way  for  ditches,  canals,  or  reservoirs  for  public  purposes,  and  for 
water  transportation,  for  domestic  purposes,  or  for  the  development  of 
power. 

Sec.  2.  That  the  rights  of  way  for  ditches,  canals,  or  reservoirs 
heretofore  or  hereafter  approved  under  the  provisions  of  sections 
eighteen,  nineteen,  twenty,  and  twenty-one  of  the  xVct  entitled  "An 
Act  to  repeal  timber-culture  laws,  and  for  other  purposes,"  approved 
March  third,  eighteen  himdred  and  ninety-one,  may  be  used  for  pur- 
poses of  a  public  nature;  and  said  rights  of  way  may  be  used  for  pur- 
poses of  water  transportation,  for  domestic  purposes,  or  for  the 
development  of  power,  as  subsidiary  to  the  mam  purpose  of  irriga- 
tion. 

Act  May  11,  1898,  c.  292,  s.  2,  30  Stat.  404; 

This  is  a  part  of  an  act  entitled  "An  act  to  amend  an  act  to  permit 
the  use  of  the  right  of  way  through  public  lands  for  tramroads,  canals, 
and  reservoirs,  and  for  other  purposes,"  cited  above. 

Act  March  3,  1891,  c.  561,  ss.  18-21,  mentioned  in  this  section,  is  set 
forth  above. 

ACT  JUNE  27,  1898,  c.  501.  An  act  granting  right  of  way  through  the  Pikei 
Peak  Timber  I>;iud  Reserve  and  the  public  lands  to  the  Cripple  Creek  Dis- 
trict Railway  Compauy.     (30  Stat.  493.) 

Right  of  way  through  Pikes  Peak  Timber  Land  Reserve  granted  to  Cripple 
Creek  District  Railway  Co.  for  a  railway. 

That  the  Cripple  Creek  District  Eailway  Company,  a  corporation 
created  and  existing  under  the  laws  of  the  State  of  Colorado,  be,  and 
it  hereby  is,  authorized  to  construct  and  maintain  a  railway  over  and 
through  the  Pikes  Peak  Timber  Land  Reserve  (heretofore  reserved 
from  entry  or  settlement  and  set  apart  as  a  public  reservation  by 
Executive  order),  said  railway  to  enter  said  Pikes  Peak  Timber  Land 
Reserve  at  such  a  point  on  the  eastern  or  northern  boundary  thereof 
in  El  Paso  County,  Colorado,  as  may  be  found  to  be  the  most  feasi- 
ble for  the  route  of  said  railway,  running  in  a  westerly  direction 
from  Colorado  Springs,  Colorado,  thence  proceeding  by  the  most 
practicable  route  through  the  reserve  to  the  western  boundary  thereof; 
also,  to  proceed  by  such  side  tracks,  extensions,  switches,  and  spurs 
as  may  be  necessary  to  reach  any  gi-oups  of  mines  in  said  forest  re- 


152         LAWS   APPLICABLE   TO   DEPARTMEXT   OF   AGRICULTUEE. 

serve,  all  in  said  El  Paso  County;  and  the  said  railway  company  is 
hereby  also  granted  right  of  way  through  the  public  lands  to  the 
town  of  Cripple  Creek,  in  the  said  State  of  Colorado ;  said  right  of 
way  being  granted  subject  to  the  rules  and  restrictions  and  carrying 
all  the  rights  and  privileges  of  an  Act  entitled  "An  Act  granting  to 
railroads  the  right  of  way  through  the  public  lands  of  the  United 
States,"  approved  March  third,  eighteen  hundred  and  seventy-five, 
said  Act  being  herebv  made  applicable  to  the  right  of  way  hereby 
granted:  Provided^  That  no  timber  shall  be  cut  by  said  railroad 
company  for  any  purpose  outside  of  the  rights  of  way  herein  granted. 

Act  June  27,  189S,  c.  501.  30  Stat.  493. 

Act  March  3,  1875,  c.  152,  mentioned  in  this  act,  is  set  forth  on  p.  146, 
ante. 

ACT  JULY  8,  1898.  c.  645.  An  act  granting  right  of  way  through  the  Pikes 
Pealv  Timber  L.ind  Reserve  and  the  public  lands  to  the  Cripple  Creek 
Short-Line  llailway  Company.     (30  Stat.  729.) 

Right  of  way  through  Pikes  Peak  Timber  Land  Reserve  granted  to  Cripple 
Creek  Short-Line  Railway  Co.  for  a  railway. 

That  the  Cripple  Creek  Short-Line  Railway  Company,  a  corpora- 
tion created  and  existing  under  the  laws  of  the  State  of  Colorado,  be, 
and  it  hereby  is,  authorized  to  construct  and  maintain  a  railway  over 
and  through  the  Pikes  Peak  Timber  Land  Reserve  (heretofore  re- 
served from  entry  or  settlement  and  set  apart  as  a  public  reservation 
by  Executive  order),  said  railway  to  enter  said  Pikes  Peak  Timber 
Land  Reserve  at  such  a  point  on  the  eastern  or  northern  boundary 
thereof  in  El  Paso  County,  Colorado,  as  may  be  found  to  be  the 
most  feasible  for  the  route  of  said  railway,  running  in  a  westerly 
direction  from  Colorado  Springs,  Colorado,  thence  proceeding  by 
the  most  practicable  route  through  the  resserve  to  the  western  bound- 
ary thereof;  also,  to  proceed  bj''  such  side  tracks,  extensions,  switches, 
and  spurs  as  may  be  necessary  to  reach  any  groups  of  mines  in  said 
forest  reserve,  all  in  said  El  Paso  County;  and  the  said  railroad 
company  is  hereby  also  granted  right  of  way  through  the  public  lands 
to  the  town  of  Cripple  Creek,  in  the  said  State  of  Colorado;  said 
right  of  way  being  granted  subject  to  the  rules  and  restrictions  and 
carrying  all  the  rights  and  privileges  of  an  Act  entitled  "An  Act 
granting  to  railroads  the  right  of  way  through  the  public  lands  of 
the  United  States,"  approved  March  third,  eighteen  hundred  and 
seventy-five,  said  Act  being  hereby  made  applicable  to  the  right  of 
way  hereby  granted:  Provided.  That  no  timber  shall  be  cut  by  said 
railroad  company  for  any  purpose  outside  of  the  rights  of  way  herein 
granted  :  And  provided  f>n'flie)\  That  the  right  of  way  herein  gi*anted 
shall  not  interfere  with  (lie  right  of  way  on  Government  land  through 
the  Pikes  Peak  Timber-land  Reserve,  granted  by  Act  of  Congress, 
entitled:  "An  Act  granting  right  of  way  through  the  Pikes  Peak 
Timber-land  Reserve  and  the  public  lands  to  the  Cripple  Creek  Dis- 
trict Railway  Company,"  approved  June  twenty-seventh,  eighteen 
hundred  and  ninety-eight. 

Act  July  8.  ISnS,  c.  645.  30  Stat.  729. 

Act  March  3,  1875,  c.  152,  mentioned  in  this  act.  is  set  forth  on  p.  140, 
anic. 

Act  June  27,  1898,  c.  501,  also  mentioned  In  this  act.  is  set  forth  above. 


FOREST   SERVICE.  153 

ACT  MAY  18,  1898.  c.  343.  An  .ict  grautiiiR  the  Santa  Fe  and  Grand  Canyon 
liailroad  Company  right  of  way  for  railroad  laniioses  through  the  Grand 
Canyon  Forest  lU'serve  in  northern  Arizdua.     (30  Stat.  418.) 

Right  of  way  through  Grand  Canyon  Forest  Reserve  granted  to  Santa  Fe  & 
Orand  Canyon  Railroad  Co.  for  a  railroad. 

That  the  Santa  Fe  and  Grand  Canyon  Kailroad  Company,  a  cor- 
poration created  and  exist ini?  under  the  huvs  of  the  Territory  of 
Arizona,  is  authorized  to  construct  and  maintain  a  raih'oad  over  and 
throu«rh  the  Grand  Canyon  Forest  Reserve  (heretofore  reserved  from 
entry  or  settlement  and  set  apart  as  a  public  reservation  by  Benjamin 
Harrison,  President  of  the  United  States,  by  proclamation'  of  date  the 
twentieth  day  of  February,  eighteen  hundred  and  ninety-three),  said 
railroad  to  enter  the  said  Grand  Canyon  Forest  Reserve  at  such  a 
point  on  the  southern  boimdary  of  said  reserve  in  Coconino  County, 
Arizona,  as  may  be  found  to  be  the  most  feasible  for  the  route  of  said 
i-ailroad,  running  in  a  northerly  direction  from  "Williams,  Arizona; 
thence  proceeding  by  the  most  practicable  route  through  a  point  at  or 
near  Lombard  and  the  Bright  Angel  trail  to  the  Indian  Gardens, 
and  from  said  Bright  Angel  trail  in  an  easterly  direction  to  the 
Little  Colorado  River;  also  to  proceed  by  such  side  tracks,  extensions, 
switches,  and  spurs  as  may  be  necessary  to  reach  the  various  groups 
of  mines  in  said  forest  reserve,  all  in  said  Coconino  County;  said 
right  of  Avay  beinfj  granted  subject  to  the  rules  and  restrictions  and 
carrying  all  the  rights  and  privileges  of  an  Act  entitled  "An  Act 
gi'anting  to  railroads  the  right  of  way  through  the  public  lands  of 
the  United  States."  approved  March  third,  eighteen  hundred  and 
seventy-five,  said  Act  being  hereby  made  applicable  to  the  right  of 
Avay  hereby  granted:  Provided^  That  no  timber  shall  be  cut  by  said 
railroad  company  for  any  purpose  outside  of  the  rights  of  way 
herein  granted. 

Act  May  18,  1898,  c.  343.  30  Stat.  418. 

Act  March  3,  1875,  c.  152,  mentioned  in  this  act,  is  set  forth  on  p.  146, 
ante. 

ACT  JANUARY  10.  1899.  c.  44.  An  act  granting  the  Saginaw  Southern  Rail- 
road Company  a  right  of  way  for  railroad  purposes  through  the  San  Fran- 
cisco Mountains  Forest  Reserve.     (30  Stat.  783.) 

Right  of  way  through  San  Francisco  Mountains  Forest  Reserve  granted  to 
Saginaw  Southern  Railroad  Co.  for  a  railroad. 

That  the  Saginaw  Southern  Railroad  Company,  a  corporation 
created  and  existing  under  the  laws  of  the  Territory  of  Arizona,  is 
authorized  to  construct  and  maintain  a  railroad  over  and  through  the 
San  Francisco  Mountains  Forest  Reserve  (heretofore  reserved  from 
entry  and  settlement  and  set  apart  as  a  public  reserve  by  William  Mc- 
Kinley,  President  of  the  United  States,  by  proclamation  dated  the 
seventeenth  day  of  August,  eighteen  hundred  and  ninety-eight). 
Said  railroad  to  be  constructed  upon  and  across  the  said  San  Fran- 
cisco Mountains  Forest  Reserve  from  a  point  on  the  line  of  the  Santa 
Fe  Pacific  Railroad  Company  at  the  town  of  Williams,  in  the  county 
of  Coconino,  Territory  of  Arizona,  thence  in  a  southerly  direction 
by  the  most  practical  route  to  the  town  of  Jerome,  in  the  county  of 
Yavapai.  Territory  of  Arizona;  also  to  construct  and  maintain  such 
side  tracks,  extensions,  switches,  and  spurs  as  may  be  necessary  to 
the  convenient  construction  and  maintenance  of  said  railroad  in  the 
said  counties  of  Coconino  and  Yavapai;  said  right  of  way  being 


154         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

granted  subject  to  the  rules  and  restrictions  and  carrying  all  the 
rights  and  privileges  of  an  Act  entitled  "An  Act  granting  to  rail- 
roads the  right  of  way  through  the  public  lands  of  the  United 
States,"  approved  March  third,  eighteen  hundred  and  seventy-five, 
said  Act  being  hereby  made  applicable  to  the  right  of  way  hereby 
granted:  Provided^  That  no  timber  shall  be  cut  by  said  railroad  com- 
pany for  any  purpose  outside  of  the  right  of  way  herein  granted. 

Act  Jtuuiary  10,  1899,  c.  44,  30  Stat.  783. 

Act  March  3,  1875,  c.  152,  mentioned  in  this  act,  is  set  forth  on  p.  146, 
ante. 

ACT  FEBRUARY  28,  1899,  c.  223.  An  act  to  grant  to  the  Pasadena  and  Mount 
V.'il.'sou  l£ail\vtiy  Company  right  of  way  and  certain  land*  for  railroad 
purposes  through  the  San  Gabriel  Forest  Reserve.     (30  Stat.  910.) 

Eight  of  way  through  San  Gabriel  Forest  Reserve  granted  to  Pasadena  &  Mount 
Wilson  Railway  Co.  for  a  railway. 

That  there  is  hereby  granted  to  the  Pasadena  and  Mount  Wilson 
Railway  Company,  a  corporation  organized  and  existing  under  the 
laws  of  the  State  of  California,  and  to  its  successors  and  assigns,  au- 
thoritj'  to  construct,  maintain,  and  operate  a  railway  for  a  distance  of 
nine  miles,  more  or  less,  over  and  through  the  San  Gabriel  Forest  Re- 
serve (heretofore  reserved  from  entry  and  settlement  and  set  apart  as 
a  public  reservation  by  Benjamin  Ilarrison,  President  of  the  United 
States,  by  proclamation  of  date  the  twentieth  day  of  December,  anno 
Domini  eighteen  hundred  and  ninety-two),  from  the  place  in  said 
forest  reserve  known  as  Rubio  to  the  summit  of  the  mountain  known 
as  Mount  Lowe,  in  the  Sierra  Madre  Mountains,  in  the  count}^  of 
Los  Angeles  and  State  of  California,  the  course  of  said  railway  to 
be  the  same  as  that  of  the  railroad  now  operated  by  said  railway 
company  from  Rubio  aforesaid  to  Alpine  Tavern,  the  present  termi- 
nus of  said  railroad,  and  from  thence  to  the  summit  of  said  !Mount 
Lowe,  by  the  most  practicable  route;  said  right  of  way  being  hereby 
granted  to  said  Pasadena  and  Mount  Wilson  Railway  Company,  but 
subject  to  the  rights,  privileges,  rules,  and  restrictions  of  an  Act 
entitled  "An  Act  granting  to  railroads  the  right  of  way  through  the 
public  lands  of  the  United  States,"  approved  March  third,  anno 
Domini*  eighteen  hundred  and  seventy-five,  said  act  being  liereby 
made  applicable  to  the  right  of  way  hereby  granted:  Provided^  That 
no  timber  shall  be  cut  by  said  railway  company  for  any  purpose  out- 
side of  the  right  of  way  herein  granted:  And  jyi^ovided  further.  That 
said  company  shall  give  bond  as  provided  by  the  regulations  of  the 
Secretary  of  the  Interior  prescribed  under  the  law  relating  to  forest 
reserves. 

Act  February  28.  1890.  c.  22?,.  s.  1.  30  Stat.  910. 

Act  March  3,  1875,  c.  152.  mentioned  in  this  section,  is  set  forth  on 
p.  146,  ante. 

Sale  to  Pasadena  &  Mount  Wilson  Railway  Co.  of  additional  land  for  stations, 
hotels,  observatories,  seminaries,  etc. 

Sec.  2.  That  in  addition  to  such  of  the  public  ground  as  said  rail- 
way company  will  be  entitled  to  take,  under  and  in  accordance  with 
the  provisions  of  the  said  Act  entitled  "An  Act  gi'anting  to  railroads 
the  right  of  way  through  the  public  lands  of  the  United  States," 
approved  March  third,  anno  Domini  eighteen  hundred  and  seventy- 
five,  for  station  buildings,  depots,  macliine  shops,  side  tracks,  turn- 
outs, .111(1   water  stations,  the  Secretary  of  the   Interior  is  hereby 


FOREST   SERVICE.  155 

authorized  to  sell,  at  the  rate  of  one  dollar  and  twenty-five  cents  per 
acre,  to  the  said  Pasadena  and  Mount  "Wilson  Railway  Company,  ita 
successors  and  assigns,  for  stations,  hotels,  astronomical  observatories, 
seminaries  of  learninfj,  and  such  other  buildinpf.s  and  purposes  as 
may  be  required  in  connection  with  said  railway  line,  the  following- 
described  parcels  of  land  along  said  right  of  way,  to  wit :  The  un- 
surveyed  land  described  as  the  west  half  of  the  northwest  quarter 
of  the  northwest  quarter  of  section  two,  when  regularlv  protracted, 
in  township  one  north,  range  twelve  west.  San  Bernardino  meridian, 
containing  twenty  acres,  more  or  less. 

Also  the  tract  or  parcel  of  land  described  as  follows,  to  wit :  lie- 
ginning  at  a  point  in  the  easterly  line  of  the  two-hundred-foot  right 
of  way  of  the  Pasadena  and  Mount  Wilson  Railway  Company,  which 
point  is  north  twenty-seven  degrees  thirty  minutes  west  nine  hundred 
feet  from  the  point  where  said  right-of-way  line  crosses  the  north 
line  of  section  three,  township  one  north,  range  twelve  west;  running 
thence  north  sixty-two  degrees  forty  minutes  east  five  hundred  feet: 
thence  north  twenty-seven  degrees  thirty  minutes  west  one  thousand 
eight  hundred  and  fiftv  feet :  thence  w^est  three  hundred  and  fifty 
feet,  more  or  less,  to  the  easterly  line  of  the  right  of  way  afore- 
said; thence  southeasterly  along  said  right  of  way  to  the  place  of 
beginning,  containing  twenty  acres,  more  or  less. 

Also  the  unsurveyed  lands  described  as  the  west  half  of  the  west 
half  of  the  southeast  quarter  and  the  east  half  of  the  east  half  of 
the  southwest  quarter  of  section  twenty-six,  township  tw^o  north, 
range  twelve  west,  San  Bernardino  meridian,  when  regularly  pro- 
tracted, containing  eighty  acres,  more  or  less. 

Also  a  tract  of  land  consisting  of  forty  acres  at  the  terminus  of 
said  right  of  way  at  Mount  Lowe:  Provided^  That  all  minerals, 
including  coal,  in  all  of  said  right  of  way  and  lands  hereby  granted 
are  reserved  to  the  United  States. 

Act  February  28.  1S99,  e.  223,  s.  2.  30  Stnt.  910. 

Act  March  3,  1875,  c.  152,  mentioned  in  this  section,  is  set  forth  on 
p.  146,  ante. 

Right  of  way  and  lands  granted  for  use  of  Pasadena  &  Mount  Wilson  Railway 
Co.  only,  and  to  vest  in  successors. 

Sec.  3.  That  the  said  right  of  way  and  lands  for  stations,  hotels, 
astronomical  observatories, seminaries  of  learning,  and  other  purposes 
granted  hereby  are  intended  for  the  use  of  said  Pasadena  and  Mount 
TVilson  Railway  Company,  its  successors  and  assigns,  and  in  case  of 
the  sale  of  said  Pasadena^md  Mount  Wilson  Railway  and  its  appur- 
tenances by  act  of  the  corporation  or  under  decree  of  court,  all  of 
the  rights  and  benefits  hereby  granted  shall  vest  in  the  owner  or 
owners  for  the  time  being  of  said  railway  line  and  appurtenances. 

Act  February  28,  1899,  c.  .223.  s.  3,  30  Slat.  911. 

ACT  FEBRUARY  25.  1903,  c.  757.  An  act  granting  the  Central  Arizona  Hiiilway 
Company  a  right  of  way  for  railroad  purposes  through  the  San  Francisco 
Mountains  Forest  Reserve,  in  the  Territory  of  Arizona.     (32  Stat.  007.) 

Right  of  way  through  San  Francisco  Mountains  Forest  Reserve  granted  to 
Central  Arizona  Railway  Co.  for  a  railroad. 

That  upon  the  conditions  herein  named  the  Central  Arizona  Rail- 
wav  Companv,  a  corporation  existing  under  the  laws  of  the  Territory 
of  Arizona,  is  herebv  granted  a  right  of  way,  conformably  to  the 


156         LAWS   APPLICABLE    TO   DEPARTMENT   OF  AGRICULTUEE. 

Act  entitled  "An  Act  granting  to  railroads  a  right  of  way  through 
the  public  lands  of  the  United  States,"  approved  March  third,  eight- 
een hundred  and  seventy-five,  and  the  existing  regulations  adopted 
thereunder,  over  and  through  the  San  Francisco  Mountains  Forest 
Reserve,  in  the  Territory  of  Arizona,  for  a  line  of  railroad  from 
a  point  at  or  near  Flagstaff,  in  the  county  of  Coconino,  Territory 
of  Arizona,  in  a  soutliAvesterly  direction  by  the  most  practicable 
route  to  the  town  of  Jerome,  in  the  county  of  Yavapai,  Territory 
of  Arizona,  and  thence  in  a  southeasterly  direction  to  the  town  of 
Globe,  in  the  county  of  Gila,  Territory  of  Arizona,  with  the  right  to 
construct  and  maintain  all  necessary  side  tracks,  extensions,  switches, 
spurs,  and  water  stations:  Provided^  That  as  a  condition  to  obtaining 
such  right  of  way  the  said  company  shall  be  required  to  agree,  in 
writing,  to  conform  to  such  further  regulations  as  may  be  prescribed 
by  the  Secretary  of  the  Interior  for  the  purpose  of  protecting  the 
said  forest  reserve  and  conserving  the  purposes  for  which  the  reserve 
was  established  and  is  maintained;  but  said  compan}^  shall  not  be 
authorized  to  take  or  cut  any  timber  within  the  limits  of  said  forest 
reserve  outside  of  its  said  right  of  way. 

Act  February  25.  1903,  c.  757,  32  Stat.  907. 

Act  Mo  roll  3,  1875,  c.  152,  mentioned  in  this  act,  is  set  forth  on  p.  146, 
ante. 

ACT  JUNE  6.  1900,  c.  794.  An  act  to  grant  right  of  waj'  over  Government  lands 
for  a  pipe  line  for  the  conveyance  of  water  to  Flagstaff,  Arizona.  (31  Stat. 
657.) 

Right  of  Wtiy  over  certain  lands  in  San  Francisco  Forest  Reserve  granted  to 
Flagstaff.  Ariz.,  for  a  pipe  line. 

That  a  right  of  way  for  a  pipe  line  through  sections  twenty-six, 
thirty-six, township  twenty-three  north;  .sections  two, twelve, fourteen, 
twenty-two,  and  twenty-eight,  township  twenty-two  north,  and  sec- 
tions four  and  sixteen,  township  twenty-one  north,  all  in  range  seven 
east,  Gila  and  Salt  River  meridian,  in  the  San  Francisco  Forest 
Reserve,  in  the  county  of  Coconino  and  Territory  of  Arizona,  is 
hereby  granted  to  the  town  of  Flagstaff,  a  municipal  corporation 
in  said  county  and  Territory,  to  the  extent  of  the  ground  occu- 
pied by  said  pipe  line  and  twenty-five  feet  on  each  side  of  the  center 
line  of  the  same. 

Also  the  right  to  take  from  the  lands  adjacent  to  the  lands  hereby 
granted  material,  earth,  stone,  and  timber  necessary  for  the  con- 
struction, maintenance,  repair,  and  control  of  said  pipe  line. 

Act  June  6,  1900.  c.  794,  s.  1,  31  Stat.  657. 
Pipe  line  to  be  exclusively  for  use  of  Flagstaff,  Ariz. 

Sec.  2.  That  said  pipe  line  when  constructed  shall  be  maintained 
and  controlled  exclusively  for  the  use  and  benefit  of  the  said  town 
of  Flagstaff  by  the  municipal  authorities  thereof,  and  for  the  purpose 
only  of  conveying  water  through  said  pipe  line  to  said  town  for  its 
exclusive  use  and  benefit. 

Act  June  6,  1900.  c.  794,  s.  2,  31  Stat.  657. 
Time  of  taking  effect  of  act. 

Sec.  3.  That  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Act  June  6,  1900,  c.  794,  s.  3.  31  Stat.  657. 


( 


FOREST   SERVICE.  157 

ACT  JUNE  30.  1906,  c.  3926.  An  act  authoriziiijjj  and  directing  the  Secretary 
of  the  Interior  to  sell  to  the  city  of  Los  Angeles.  California,  certain  pnblic 
land.s  in  California:  and  si'anlinj;  ri;ilits  in.  over,  and  Ihron^h  the  Sierrii 
Forest  Reserve,  the  Santa  I^ailo.ra  Forest  Keserve.  and  the  San  C.abriel 
Tiuil)er  Land  Reserve,  California,  to  the  ollv  of  T,<is  Anyeles,  California 
(34  Stat.  SOI.) 

Rights  of  way  through,  and  lands  in.  Sierra  Forest  Reserve.  Santa  Barbara 
Forest  Reserve,  and  San  Gabriel  Timber  Land  Reserve  for  crinals.  pipes  and 
pipe  lines,  flumes,  tunnels,  and  conduits  for  water-supply  plant,  and  for 
power  and  electric  plants,  poles  and  lines,  and  for  power  houses,  dams, 
reservoirs,  etc. 

That  there  is  hereby  granted  to  the  city  of  Los  Angeles,  California, 
a  municipal  corporation  of  the  State  of  California,  all  necessary  rights 
of  way,  not  to  exceed  two  hundred  and  fifty  feet  in  width,  over  and 
through  the  public  lands  of^  the  United  States  in  the  counties  of 
Inyo,  Kern,  and  Los  Angeles,  State  of  California,  and  over  and 
through  the  Sierra  and  Santa  Barbara  forest  reserves  and  the  San 
Gabriel  Timber  Land  Reserve,  in  said  State,  for  the  purpose  of  con- 
structing, operating,  and  maintaining  canals,  ditches,  pipes  and  pipe 
lines,  flumes,  tunnels,  and  conduits  for  conveying  water  to  the  city 
of  Los  Angeles,  and  for  the  purpose  of  constructing,  operating,  and 
maintaining  power  and  electric  plants,  poles  and  lines  for  the  gen- 
eration and  distribution  of  electric  energy,  together  with  such  lands 
as  the  Secretary  of  the  Interior  may  deem  to  be  actually  necessary 
for  power  houses,  diverting  and  storage  dams  and  re.servoirs,  and 
necessary  buildings  and  structures  to  be  used  in  connection  with  the 
construction,  operation,  and  maintainance  of  said  water,  i)ower,  and 
electric  plants,  whenever  said  city  shall  have  filed,  as  hereinafter 
provided,  and  the  same  shall  have  been  approved  by  the  Secretary  of 
the  Interior,  a  map  or  maps  showing  the  boundaries,  locations,  and 
extent  of  said  proposed  rights  of  way  for  the  purposes  hereinabove 
set  forth. 

Act  June  30,  1006.  c.  3926.  s.  1,  34  Stat.  SOL 
Maps  to  be  filed. 

Sec.  2.  That  within  one  year  after  the  passage  of  this  Act  the  city 
of  Los  Angeles  shall  file  with  the  registers  of  the  United  States  Land 
offices  in  the  districts  where  the  lands  traversed  by  said  rights  of  way 
are  located,  a  map  or  maps  showing  the  boundaries,  locations,  and 
extent  of  said  proposed  rights  of  way,  for  the  piu'poses  stated  in 
section  one  of  this  Act;  but  no  construction  work  shall  be  com- 
menced on  said  land  until  said  map  or  maps  have  been  filed  as  herein 
provided  and  approved  by  the  Secretary  of  the  Interior:  Provided, 
hoivever,  That  any  changes  of  location  of  said  rights  of  way  may  be 
made  by  said  city  of  Los  Angeles,  within  two  years  after  the  filing 
of  said  map  or  maps,  by  filing  such  additional  map  or  maj^s  as  may 
be  necessary  to  show  such  changes  of  location,  said  additional  map 
or  maps  to  be  filed  in  the  .same  manner  as  the  original  map  or  maps: 
and  the  approval  of  the  Secretary  of  the  Interior  of  said  map  or 
maps  showing  changes  of  location  of  said  rights  of  way  shall  operate 
as  an  abandonment  by  the  city  of  Los  Angeles  to  the  extent  of  such 
change  or  changes,  of  the  rights  of  way  indicated  on  the  oi'iginal 
maps:  And  provided  fiirt her,  That  any  fights  inuring  to  the  city  of 
Los  Angeles  under  this  Act  shall,  on  the  approval  of  the  map  or 
maps  referred  to  herein  by  the  Secretary  of  the  Interior,  relate  back 


158         LAWS   ArPLIC-OLE   TO   DEPAETMENT   OF   AGEICULTURE. 

to  the  date  of  the  filing  of  said  map  or  maps  -vrith  the  register  of  the 
United  States  Land  office  as  provided  herein. 

Act  June  30,  1906.  c.  3926,  s.  2,  34  Stat.  801. 

Effect  of  rights  of  way  granted  on  existing  homestead,  mining,  etc.,  claims,  and 
prior  rights  of  way. 

Sec.  3.  That  the  rights  of  way  hereby  granted  shall  not  be  effective 
over  any  land  upon  which  homestead,  mining,  or  other  existing 
valid  claims  shall  have  been  filed  or  made  until  the  city  of  Los 
Angeles  shall  have  procured  proper  relinquishments  of  all  .such 
entries  and  claims,  or  acquired  title  by  due  process  of  law  and  just 
compensation  paid  to  said  entry  men  or  claimants  and  caused  proper 
evidence  of  such  fact  to  be  filed  with  the  Secretary  of  the  Interior: 
Provided^  however^  That  this  Act  shall  not  apply  to  any  lands  em- 
braced in  rights  of  way  heretofore  approved  under  anj'  Act  of  Con- 
gress, nor  affect  the  adjudication  of  any  pending  applications  for 
rights  of  wa}'  by  the  owner  or  owners  of  existing  water  rights,  and 
that  no  private  right,  title,  interest,  or  claim  of  any  person,  persons, 
or  corporation,  in  or  to  any  of  the  lands  traversed  by  or  embraced 
in  said  right  of  way  shall  be  interfered  with  or  abridged,  except 
with  the  consent  of  the  owner  or  owners  or  claimant  or  claimants 
thereof,  or  by  due  process  of  law,  and  just  compensation  paid  to  such 
owner  or  claimant. 

Act  June  30.  1906.  o.  3920,  s.  3,  34  Stat.  801. 

Rights  granted  subject  to  forest  reserve  regulations;  limitation  of  use  of 
timber;  construction,  etc.,  of  bridges  and  fences;  removal  of  debris,  etc.; 
free  use  of  wagon  roads;  free  use  to  Forest  Service  of  telephones,  tele- 
graphs, and  electric  railways;  administration  of  rights  of  way  by  Forest 
Service. 

Sec.  4.  That  the  city  of  Los  Angeles  shall  conform  to  all  regula- 
tions adopted  and  prescribed  by  the  Secretary  of  Agriculture  gov- 
erning the  forest  reserves,  and  shall  not  take,  cut,  or  destroy  any 
timber  within  the  forest  reserves,  except  such  as  may  be  actually 
necessary  to  remove  to  construct  its  power  plants  and  structures, 
poles  and  flumes,  storage  dams  and  reservoirs,  and  it  shall  pay  to  the 
Forest  Service  of  the  Department  of  Agi'iculture  the  full  value  of 
all  timber  and  wood  cut,  used,  or  destroyed  on  any  of  the  rights  of 
way  and  lands  within  forest  reserves  hereby  granted:  Proinded  fnr- 
fhei\  That  the  city  shall  construct  and  maintain  in  good  repair 
bridges  or  other  practicable  crossings  over  its  rights  of  way  within 
the  forest  reserves  when  and  where  directed  in  writing  by  the  For- 
e.'^ter  of  the  United  States  Department  of  Agriculture,  and  elsewhere 
r-n  ])ublir  land-^  along  Ihe  line  of  said  Avorks  as  required  l)y  the  Sec- 
retary of  the  Interior:  and  said  grantee  shall,  as  said  waterworks  are 
completed,  if  directed  by  the  Secretary  of  the  Interior,  construct 
and  maintain  along  each  side  of  said  right  of  way  a  lawful  fence  as 
defined  by  the  laws  of  the  State  of  California,  with  such  lanes  or 
crossings  for  domestic  animals  as  the  aforesaid  officers  shall  require: 
Provided  iurthcr^  That  the  city  of  Los  Angeles  shall  clear  its  rights 
of  way  within  forest  re.^ierves  of  any  debris  or  inflammable  material 
as  directed  by  the  Forester  of  the  United  States  Department  of  Agri- 
cidture:  Provided  fiirfher,  That  the  said  city  shall  allow  any  wagon 
road  which  it  may  construct  within  forest  reserves  to  be  freely  used 
by  forest  officers  and  the  officer  of  the  Interior  Department  and  by 


FOREST   SERVICE.  159 

the  public,  and  shall  allow  to  the  Forest  Service  of  the  United  States 
Department  of  AfrricuKuro  and  to  the  ofHcers  of  the  Intorinr  Do- 
partuient,  for  official  business  only,  the  free  use  of  any  telepliones. 
teletrraphs,  or  electric  railroads  it  may  construct  and  maintain  within 
the  forest  reserves  or  on  the  public  lands,  together  with  the  right  to 
connect  with  any  such  telephone  lines  private  telephone  wires  for 
the  exclusive  use  of  said  Forest  Service  or  of  the  Interior  Depart- 
ment: A7id  provided  fxirthei\  That  the  Forest  Service  may,  within 
forest  reserves,  protect,  use,  and  administer  said  land  and  resources 
within  said  rights  of  way  under  forest-reserve  laws  and  regulations, 
but  in  so  doing  must  not  interfere  with  the  full  enjoyments  of  the 
right  of  way  by  the  city  of  Los  Angeles:  And  provided  further^  That 
in  the  event  that  the  Secretary  of  the  Interior  shall  abandon  the 
project  known  as  the  Owens  Kiver  project  for  the  irrigation  of  lands 
in  Inyo  County,  California,  under  the  Act  of  June  seventeenth,  nine- 
teen hundred  and  two,  the  city  of  Los  Angeles,  in  said  State,  is  to 
pay  to  the  Secretary  of  the  Interior,  for  the  account  of  the  reclama- 
tion fund  established  by  said  Act,  the  amount  expended  for  prelimi- 
nary surveys,  examinations,  and  river  measurements,  not  exceeding 
fourteen  thousand  dollars,  and  in  consideration  of  said  payment 
the  said  city  of  Los  Angeles  is  to  have  the  benefit  of  the  use  of  the 
maps  and  field  notes  resulting  from  said  surveys,  examinations,  and 
river  measurements,  and  the  preference  right  to  acquire  at  any  time 
within  three  years  from  the  approval  of  this  Act  any  lands  now 
reserved  by  the  L^'^nited  States  under  the  terms  of  said  reclamation 
Act  in  connection  with  said  project,  necessary  for  storage  or  right 
of  way  purposes,  upon  filing  with  the  register  and  receiver  of  the 
land  office  in  the  land  district  where  any  such  lands  sought  to  be 
acquired  are  situated  a  map  showing  the  lands  desired  to  be  acquired, 
and  upon  the  approval  of  said  map  or  maps  by  the  Secretary  of  the 
Interior  and  upon  the  payment  of  one  dollar  and  twenty-five  cents 
per  acre  to  the  receiver  of  said  land  office  title  to  said  land  so  reserved 
and  filed  on  shall  vest  in  said  city  of  Los  Angeles,  and  such  title 
shall  be  and  remain  in  said  city  only  for  the  purposes  aforesaid,  and 
shall  revert  to  the  L^nited  States  in  the  event  of  the  abandonment 
thereof  for  the  purposes  aforesaid :  Provided^  however^  That  the 
terms  of  this  Act  shall  not  apply  to  any  lands  upon  Bishop  Creek 
or  its  branches  in  said  county  of  Inyo. 

Act  June  30.  1906,  c.  3926,  s.  4,  34  Stat.  802. 

Lands  traversed  by  rights  of  way  granted  to  be  subject  to  easements;  forfeiture 
of  rights  granted  if  construction  has  not  begun  within  five  years,  or  upon 
cessation  for  three  years. 

Sec.  5.  That  all  lands  over  which  the  rights  of  way  mentioned  in 
this  Act  shall  pass  shall  be  disposed  of  subject  to  such  easements: 
Provided,  however.  That  if  construction  of  said  waterworks  shall  not 
have  been  begun  in  good  faith  within  five  years  from  the  date  of 
approval  of  this  Act,  or  if  after  such  period  of  five  years  there  shall 
be  a  cessation  of  such  construction  for  a  period  of  three  consecutive 
years,  then  all  rights  hereunder  shall  be  forfeited  to  the  United  States. 

Act  June  30,  1906,  c.  3926,  g.  5,  34  Stat.  803. 
Sale  or  letting  right  to  water  restricted. 

Sec.  6.  That  the  city  of  Los  Angeles  is  prohibited  froni  ever  selling 
or  letting  to  any  corporation  or  individual,  except  a  municipality,  the 


160         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE, 

right  for  such  corporation  or  individual  to  sell  or  sublet  the  water  sold 
or  given  to  it  or  him  by  the  city. 

Act  June  30,  1906,  c.  3926,  s.  6,  34  Stat.  803. 

Amendment  or  repeal  of  act. 

Sec.  7.  That  the  right  to  amend,  alter,  or  repeal  this  Act  at  any 
time  is  hereby  reserved. 

Act  Juue  30,  1906,  c.  3926,  s.  7,  34  Stat.  803. 

ACT  MAKCH  1,  1907,  c.  2288.  An  act  granting  to  the  city  of  Duiaugo,  in  the 
State  of  Colorado,  certain  lands  therein  described  for  water  reservoirs. 
(34  Stat.  1053. ) 

Certain  lands  within  San  Juan  Forest  Reserve  granted  to  Durango,  Colo.,  for 
water  reservoirs;  payment;  control  by  Forest  Service;  sale  of  certain 
timber;   fencing. 

That  the  following-described  tract  of  land  situate  in  suspended 
townships  thirty-eight  north,  range  six  west,  and  thirty-eight  north, 
range  seven  west,  New  Mexico  principal  meridian,  in  La  Plata 
County,  Colorado,  within  the  San  Juan  Forest  Reserve,  to  wit :  Be- 
ginning at  corner  numbered  one,  at  the  junction  of  Missouri  Gulch 
with  the  Florida  Kiver,  running  tJience  north  twenty  degrees  and 
seven  minutes  east  four  thousand  nine  hundred  feet  to  station  num- 
bered two;  thence  north  seventy-seven  degrees  and  two  minutes  east 
one  thousand  and  sixty  feet  to  station  numbered  three;  thence  north 
eight  degrees  and  tAventy-four  minutes  east  two  thousand  four  hun- 
dred feet  to  station  numbered  four;  thence  north  seven  degrees  and 
twenty-eight  minutes  west  four  thousand  six  hundred  feet  to  station 
numbered  five;  thence  north  ten  degrees  and  twent3'^-three  minutes 
oast  five  thousand  four  hundred  feet  to  station  numbered  six ;  whence 
corner  numbered  one,  reservoir  nimibered  three,  or  Lake  Lily,  bears 
south  fifty  degrees  and  se^'en  minutes  east  one  thousand  two  hundred 
feet ;  from  said  corner  numbered  one,  Lake  Lily,  the  monument  on 
INIount  Valois  bears  south  twentj'-three  degrees  and  ten  minutes  east 
four  thousand  seven  hundred  and  ninety-two  and  six-tenths  feet; 
United  States  location  monument  Tempest  bears  south  thirty-one 
minutes  east  two  thousand  eight  hundred  and  ninety-six  feet ;  thence 
from  station  numbered  six,  aforesaid,  north  eighty-seven  degrees  and 
thirty-one  minutes  east  one  thousand  five  hundred  and  fifty  feet 
to  station  nuniljered  seven;  thence  south  tliirty-eight 'degrees  and 
thirty-seven  minutes  east  three  thousand  three  hundred  feet  to  sta- 
tion numbered  eight;  thence  south  eighty-four  degrees  and  thirty 
minutes  east  two  thousand  seven  hundred  feet  to  station  numbered 
nine;  thence  south  thirty-three  minutes  east  four  thousand  feet  to 
station  numbered  ten;  thence  south  thirty  degrees  and  twenty-four 
minutes  east  two  thousand  five  hundred  feet  to  station  numbered 
eleven;  thence  south  seventy-seven  degrees  and  twenty-six  minutes 
east  three  thousand  two  hundred  feet  to  station  numbered  twelve; 
(hence  south  forty-throe  degrees  and  fifty-one  minutes  east  one  thou- 
sand seven  hundred  and  fifty  feet  to  station  numbered  thirteen; 
(hence  south  live  degrees  and  fifty-eight  minutes  west  two  thousand 
(wo  luuulrotl  and  fifty  feet  to  station  numbered  fourteen;  thence 
south  forty-four  degrees  and  seventeen  minutes  Avest  two  thousand 
feet  to  station  numbered  fifteen;  thence  south  seventy-seven  degrees 


FOREST   SERVICE.  161 

and  thirty-one  minutes  west  four  thousand  ei<i;ht  huiidred  feet  to  sta- 
tion numbered  sixteen;  thence  south  fifty-four  defjrees  and  forty-five 
minutes  west  three  thousand  three  hundred  feet,  to  station  numbered 
seventeen;  thence  north  eighty-seven  degrees  and  twenty-seven  min- 
utes west  six  thousand  four  hundred  feet,  more  or  less,  to  station 
numbered  one,  the  phice  of  beginning;  inchiding  those  four  certain 
reservoirs  claimed  or  occupied  by  said  city  of  Durango,  known  as 
reservoir  numbered  one  or  upper  park  reservoir;  reservoir  numbered 
two  or  Santa  jNIaria  Lake;  reservoir  numbered  three  of  [or]  Lake 
Lily,  and  reservoir  numbered  four  or  Lakeside  Lake,  subject  to  any 
former  grant  or  conveyance  affecting  said  lands,  be,  and  the  same  are 
hereby,  granted  and  conveyed  to  the  city  of  Durango,  county  of  La 
Plata  and  State  of  Colorado,  to  have  and  to  hold  said  lands  to  its  use 
and  behoof  forever  for  the  purposes  of  water  storage  and  supply  of 
its  waterworks  and  the  protection  of  its  water  supply,  and  for  such 
purposes  said  city  shall  forever  have  the  right  in  its  discretion  to  con- 
trol and  use  any  and  all  parts  of  the  said  premises  herein  granted 
and  conveyed  in  the  construction  of  reservoirs,  conduits,  and  flumes, 
and  in  the  laying  of  pipes  and  mains  and  in  making  such  improve- 
ments as  may  be  necessary  to  store,  utilize,  protect  frofn  pollution, 
and  enjoy  the  waters  contained  in  any  natural  or  constructed  reser- 
voir, basins,  or  waterways  upon  said  premises:  Provided,  That  the 
city  of  Durango  shall  pay  for  said  land  the  sum  of  one  dollar  and 
twenty-five  cents  per  acre:  Provided  further.  That  the  Forest  Service 
of  the  L^nited  States  Department  of  Agriculture  shall  have  full 
power  to  patrol  the  said  lands  and  to  protect  them  from  fire  and 
trespass:  Provided  further.  That  the  Forest  Service  may  dispose  of 
the  timber  upon  the  said  lands,  except  so  much  thereof  as  may  be 
growing  within  one  hundred  feet  from  the  margin  of  any  natural  or 
constructed  reservoir  or  of  the  main  creeks  within  the  said  boundary 
flowing  into  such  reservoirs  under  such  additional  rules  for  lumber- 
ing, to  protect  said  waters  from  pollution,  as  shall  be  prescribed  by 
the  Forester  and  approved  by  the  mayor  of  the  city  of  Durango: 
And  provided  further,.  That  if  said  city  shall  fence  all  or  any  part 
of  said  lands  it  shall  provide  practicable  gates  in  such  fence  at  points 
to  be  designated  by  the  supervisor  of  the  San  Juan  Forest  Reserve. 

Act  March  1,  1907,  c.  2288,  s.  1,  34  Stat.  1053. 
Reversion  on  nonuser. 

Sec.  2.  That  if  the  said  city  of  Durango  shall,  at  any  time  here- 
after, abandon  the  lands  above  described  and  cease  to  use  the  same  for 
said  purposes  said  above-described  lands  shall  revert  to  the  Govern- 
ment of  the  United  States. 

Act  March  1,  1907,  c.  2288,  s.  2,  34  Stat.  1054. 

ACT  MARCH  2,   1907,  c.  2526.     An  act  to  grant  certain  lands  to  the  city  of 
Boulder,  Colorado.     (34  Stat.  1223.) 

Certain   lands   in   Boulder  County,   Colo.,    granted  to  Boulder,   Colo.,   for  water 
supply;  payment;  grant  subject  to  prior  legal  rights. 

That  the  following-described  tracts  of  land,  situate  in  the  county  of 
Boulder,  Colorado,  namel}^  all  of  the  north  half  of  the  southeast 
quarter  of  section  eighteen,  all  of  lots  six  and  ten  of  section  eighteen, 
all  of  lot  three  of  section  eighteen,  all  of  the  northeast  quarter  of  the 

71657—13 11 


162  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

southwest  quarter  of  section  eighteen,  all  of  lot  two  of  section  eight- 
een, and  all  of  the  southeast  quarter  of  the  northwest  quarter  of  sec- 
tion eighteen;  all  of  the  north  half  of  the  southeast  quarter  of  section 
nineteen,  all  of  the  southeast  quarter  of  the  southeast  quarter  of  sec- 
tion nineteen,  all  of  lot  three  of  section  nineteen,  and  all  of  the  north- 
east quarter  of  the  southwest  quarter  of  section  nineteen;  all  of  lot 
two  of  section  twent3^  all  of  the  southwest  quarter  of  the  northwest 
quarter  of  section  twenty  and  all  of  the  northwest  quarter  of  the 
southwest  quarter  of  section  twenty;  all  of  the  southwest  quarter 
of  the  southeast  quarter  of, section  twenty-one;  all  of  the  south- 
east quarter  of  the  southwest  quarter  of  section  twenty-one  and 
all  of  the  northwest  quarter  of  the  southwest  quarter  of  section 
twenty-one;  all  of  the  northeast  quarter  of  section  twenty-eight, 
all  of  the  southeast  quarter  of  section  twenty-eight,  and  all  of  the 
northeast  quarter  of  the  northwest  quarter  of  section  twenty-eight; 
all  of  the  north  half  of  the  northwest  quarter  of  section  twenty-nine 
and  all  of  the  northwest  quarter  of  the  northeast  quarter  of  section 
twenty-nine;  all  of  the  north  half  of  the  northeast  quarter  of  section 
thirty  and  all  of  lot  one  of  section  thirty;  all  in  township  one  north, 
range  seventy-three  west  of  the  sixth  principal  meridian;  also  all 
of  the  southeast  quarter  of  section  twenty-four  and  all  of  the  north 
half  of  the  northeast  quarter  of  section  twenty-five,  in  township  one 
north,  range  sevent3^-four  west  of  the  sixth  principal  meridian;  con- 
taining one  thousand  five  hundred  and  fifty-seven  and  eighty-seven 
one-hundredths  acres  of  land,  more  or  less,  be,  and  the  same  is 
hereby,  granted  and  convej'^ed  to  the  city  of  Boulder,  in  the  county 
of  Boulder  and  State  of  Colorado,  upon  the  payment  of  one  dollar 
and  twenty-five  cents  per  acre  by  said  city  to  the  United  States,  to 
have  and  to  hold  said  lands  to  its  use  and  behoof  forever  for  pur- 
poses of  water  storage  and  supply  of  its  waterworks;  and  for  said 
purposes  said  city  shall  forever  have  the  right,  in  its  discretion,  to 
control  and  use  any  and  all  parts  of  the  premises  herein  conveyed, 
and  in  the  construction  of  reservoirs,  laying  such  pipes  and  mains, 
and  in  making  such  improvements  as  may  be  necessary  to  utilize  the 
water  contained  in  any  natural  or  constructed  reservoirs  upon  said 
premises:  Provided^  however^  That  the  grant  herebv  made  is,  and  the 
patent  issued  hereunder  shall  be,  subject  to  all  legal  rights  heretofore 
acquired  by  any  person  or  persons  in  or  to  the  above-described  prem- 
ises, or  any  part  thereof,  and  now  existing  under  and  by  virtue  of  the 
laws  of  the  United  States. 

Act  March  2.  1007,  c.  2520.  34  Stat.  1223. 

ACT  JULY  20,  1912,  c.  245.  An  act  to  authorize  the  Secret.iry  of  the  Interior 
to  grant  to  SuU  Liike  City,  Utah,  a  ripht  of  way  over  certain  public  lands 
for  reservoir  purposes.     (37  Stat.  197.) 

Right  of  way  over  certain  lands  within  Wasatch  National  Forest  granted  to 
Salt  Lake  City,  Utah,  for  reservoir  purposes. 

That  the  Secretary  of  the  Interior  be,  and  he  is  herebv,  authorized 
to  giant  to  Salt  Lake  City,  Utah,  under  the  provisions  of  section  four 
of  the  Act  of  February  first,  nineteen  hundred  and  five  (Thirty-third 
Statutes,  six  hundred  and  twenty-eight),  a  right  of  way  on  and  over 
section  thirty-four,  township  two  south,  range  three  east,  and  sec- 
tions two  and  three,  township  three  south,  i-ango  three  east,  in  Big 
Cottonwood  Canyon,  within  tne  Wasatch  National  Forest,  Salt  Lake 


FOREST   SERVICE.  lf)3 

City  land  district,  Utah,  which  lands  have  heretofore  been  reservi'd 
for  reservoir  purposes  under  and  by  virtue  of  the  Act  of  Octol)er 
second,  eiii^hteen  luindred  and  eifrhty-eight  (Twenty-fifth  Statutes, 
five  hundred  and  five). 

Act  July  20,  1912.  e.  245.  37  Stat.  lit?. 

Act   Febninry  1.   1905,  c.  288.  s.  4,   mentioned   in   this  section,   is  set 
forth  on  p.  86.  ante. 

ACT  MAY  1,  1906,  c.  2076.  An  act  granting  the  Edison  Electric  (Company  a 
innniit  to  occupy  certain  lauds  for  electric-power  plants  in  the  Snn  Ber- 
ujirdino.  Sierr.i.  and  Sj.n  (Jabriel  forest  reserves,  in  the  State  of  California 
(34  Stat.  163.) 

Permit  granted  to  Edison  Electric  Co.  to  occupy  certain  lands  within  San  Ber- 
nardino Forest  Reserve.  Sierra  Forest  Reserve,  and  San  Gabriel  Forest  Re- 
serve for  water-power  plants. 

That  upon  the  conditions  herein  named  the  Edison  Electric  Com- 
pany, a  corporation  existing  under  the  laws  of  the  State  of  Wyoming, 
and  engaged  in  generating  and  distributing  electric  energy  for  use  by 
municipalities  and  the  public  generally  for  lighting  and  power  pur- 
poses, is  hereby  granted  a  permit,  the  duration  of  which  shall  be 
fixed  by  the  Secretary  of  the  Interior  immediately  after  the  passage 
of  this  Act,  revocable  during  the  term  fixed  b}''  said  Secretary  only 
in  the  manner  and  for  the  causes  hereinafter  specified,  to  occupy  and 
use  lands,  to  be  designated  in  the  manner  hereinafter  specified, 
within  the  San  Bernardino.  Sierra,  and  San  Gabriel  forest  reserves, 
in  the  State  of  California,  for  canals,  conduit  lines,  pole  lines,  power 
houses,  diverting  dams,  necessary  grounds  to  be  submerged  above  the 
diverting  dams,  and  necessary  buildings  and  structures  for  the 
water-power  plants  hereinafter  described,  for  the  generation,  trans- 
mission, and  distribution  of  electrical  power,  namely : 

(a)  For  the  diversion  of  the  waters  of  Mill  Creek  from  a  point 
on  Mill  Creek  in  the  southeast  quarter  of  the  northeast  quarter 
section  eight,  townsliip  one  south,  range  one  west,  San  Bernardino 
base  and  meridian,  and  the  conveyance  of  said  waters  thence  west- 
wardly  and  southwestwardly  through  said  section  eight  and  through 
sections  .seven  and  eighteen,  township  one  south,  range  one  west, 
San  Bernardino  base  and  meridian,  and  thence  westwardly  through 
section  thirteen,  township  one  south,  range  two  west,  San  Bernar- 
dino base  and  meridian,  to  a  power  house  situated  on  Mill  Creek,  in 
the  southwest  quarter  of  the  northeast  quarter  of  said  section  thir- 
teen, in  the  San  Bernardino  Forest  Reserve. 

(b)  For  the  diversion  of  the  waters  of  Mill  Creek  from  a  point 
on  Mill  Creek  in  the  northwest  quarter  of  the  northeast  quarter  of 
section  thirteen,  township  one  south,  range  one  west.  San  Bernardino 
base  and  meridian;  thence  westwardly  through  said  section  thirteen 
and  through  sections  fourteen,  fifteen,  sixteen,  seventeen,  and  eight- 
een, township  one  south,  range  one  west,  San  Bernardino  base  and 
meridian,  and  westwardly  through  section  thirteen,  township  one 
south,  range  two  west,  San  Bernardino  base  and  meridian,  to  a 
power  house  on  Mill  Creek,  in  the  southwest  quarter  of  the  nortli- 
east  quarter  of  said  section  thirteen,  in  the  San  Bernardino  Forest 
Reserve. 

(c)  For  the  diversion  of  the  waters  of  the  Santa  Ana  River  from 
a  point  on  Santa  Ana  River  in  the  southwest  quarter  of  the  north- 
west quarter  of  section  twenty,  township  one  north,  range  one  west, 


164         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

San  Bernardino  base  and  meridian ;  thence  southwestwardly  through 
said  section  twenty  and  through  section  nineteen,  township  one 
north,  range  one  wevSt,  San  Bernardino  base  and  meridian,  and 
sections  twentj'-four,  twenty-three,  and  twenty-six,  township  one 
north,  range  two  west,  San  Bernardino  base  and  meridian,  to  a 
power  house  situated  on  Santa  Ana  River,  in  the  northwest  quarter 
of  the  northeast  quarter  of  said  section  twenty-six,  in  the  San 
Bernardino  Forest  Reserve. 

(d)  For  the  diversion  of  the  waters  of  Santa  Ana  River  from  a 
point  on  Santa  Ana  River  in  the  northwest  quarter  of  the  northeast 
quarter  of  section  twenty-six.  township  one  north,  range  two  west, 
San  Bernardino  base  and  meridian;  thence  westwardly,  southwardly, 
and  southwestwardly  through  said  section  twenty-six  and  through 
section  thirty-five,  township  one  north,  range  two  west,  vSan  Ber- 
nardino base  and  meridian,  and  section  thirty-four,  township  one 
north,  range  two  west,  San  Bernardino  base  and  meridian,  to  a 
power  house  situated  on  Santa  Ana  River,  in  the  southwest  quarter 
of  the  northeast  quarter  of  said  section  thirty-four  in  the  San  Ber- 
nardino Forest  Reserve. 

(e)  For  the  diversion  of  the  waters  of  Lytle  Creek  from  a  point 
on  Lytle  Creek  in  the  southwest  quarter  of  the  northwest  quarter  of 
section  twenty-six,  township  two  north,  range  six  west,  San  Ber- 
nardino base  and  meridian,  in  the  San  Gabriel  Forest  Reserve ;  thence 
northeastwardly,  eastwardly,  and  southeastwardly  through  said  sec- 
tion twenty-six  and  through  sections  twenty-five  and  thirty-six, 
township  two  north,  range  six  west,  San  Bernardino  base  and 
meridian,  to  the  eastern  boundary  of  said  section  thirty-six  and  the 
western  boundary  of  tlie  San  Bernardino  Forest  Reserve;  thence 
southwardly  through  section  thirty-one  township  two  north,  range 
five  west,  San  Bernardino  base  and  meridian,  in  the  San  Bernardino 
Forest  Reserve,  and  southeastwardly  through  section  six,  township 
one  north,  range  five  west,  San  Bernardino  base  and  meridian,  to  a 
power  house  in  the  northeast  quarter  of  the  northwest  quarter  of  said 
section  six,  in  the  San  Bernardino  Forest  Reserve. 

(f)  For  the  diversion  of  the  waters  of  Kern  River  from  a  point 
on  Kern  River,  in  the  southwest  quarter  of  the  northwest  quarter 
of  section  five,  township  twenty-eight  south,  range  thirty-one  east, 
Mount  Diablo  base  and  meridian ;  thence  southwardly  and  south- 
westwardly through  said  section  five  and  sections  six  and  seven, 
township  twenty-eight  south,  range  thirty-one  east,  Mount  Diablo 
base  and  meridian,  and  sections  twelve,  thirteen,  twenty-four,  and 
twenty-six,  township  twenty-eight  south,  range  tliirty  east.  Mount 
Diablo  base  and  meridian,  and  westwardly,  northwestwardly  and 
southwestwardly  through  sections  twenty-six,  twenty-seven,  twenty- 
two  and  twenty-eight,  township  twenty-eight  south,  range  thirty 
east,  and  westwardly  and  northwestwardly  through  sections  twenty- 
nine  and  thirty,  township  twenty-eight  south,  range  thirty  west. 
Mount  Diablo  base  and  meridian,  to  a  power  house  in  the  northeast 
quarter  of  the  southeast  quarter  of  said  section  thirty,  in  the  Sierra 
Forest  Reserve. 

(g)  For  the  diversion  of  the  waters  of  Kern  River  from  a  point 
on  Kern  River  in  the  northwest  quarter  of  the  northeast  quarter  of 
section  fifteen,  township  twenty-seven  south,  range  thirty-two  east. 
Mount  Diablo  base  and  meridian  ;  thence  southwardlv  and  southwest- 


FOREST   SERVICE.  105 

wardly  through  said  section  lifteen  and  sections  sixteen,  seventeen, 
twenty,  nineteen,  and  thirty,  township  twenty-seven  south,  range 
thirty-two  east,  and  westwardly  through  section  twenty-five,  town- 
ship twenty-seven  south,  range  thirty-one  east,  Mount' Diablo  base 
and  meridian,  and  southwestwardly  through  sections  twenty-six 
thirty-five,  and  thirty-four,  townsliip  twenty-seven  south,  range 
thirty-one  east,  and  westwardly  and  southwestwardly  through  section 
thirty-three,  township  twenty-seven  south,  range  thirty-one  east,  and 
sections  four  and  five,  township  twenty-eight  south,  ran^e  thirty-one 
east,  Mount  Diablo  base  and  meridian,  to  a  power  house  in  the  north- 
west quarter  of  the  southwest  quarter  of  said  section  five,  in  the 
Sierra  Forest  Reserve. 

(h)  For  the  diversion  of  the  waters  of  Kern  River  from  a  point 
on  Kern  River  in  the  southeast  quarter  of  the  southwest  quarter  of 
section  twelve,  township  twenty-three  south,  range  thirty-two  east, 
Mount  Diablo  base  and  meridian;  thence  southwardly  and  southeast- 
wardly  through  said  section  twelve  and  sections  thirteen,  twenty- 
four,  and  twenty-five,  township  twenty-three  south,  range  thirty-two 
east.  Mount  Diablo  base  and  meridian,  and  southeastwardly  through 
sections  thirty,  thirty-one,  and  thirty-two,  township  twenty-three 
south,  range  thirty-three  east.  Mount  Diablo  base  and  meridian,  and 
southeastwardly,  southwestwardly,  and  southwardly  through  sections 
five,  eight,  nine,  sixteen,  and  seventeen,  township  twenty-tour  south, 
range  thirty-three  east,  Mount  Diablo  base  and  meridian,  and  south- 
westwardly and  southeastwardly  through  sections  twenty,  twenty- 
nine,  thirtj'-two,  and  thirty-three,  toAvnship  twenty-four  south,  range 
thirtj^-three  east,  and  southeastwardly  and  southwestwardly  through 
sections  three,  ten,  and  nine,  township  twenty-five  south,  range  thirty- 
three  east,  Mount  Diablo  base  and  meridian,  to  a  power  house  in  the 
northeast  quarter  of  the  northeast  quarter  of  said  section  nine  in  the 
Sierra  Forest  Reserve. 

(i)  For  the  diversion  of  the  waters  of  Kern  River  from  a  point 
on  Kern  River  in  the  southeast  quarter  of  the  northwest  quarter  of 
section  five,  township  twenty-one  south,  range  thirty-three  east, 
Mount  Diablo  base  and  meridian;  thence  southwestwardly  and  south- 
wardly through  said  section  five  and  sections  six.  seven,  eighteen, 
nineteen,  thirty,  and  thirty-one,  township  twenty-one  south,  range 
thirty-three  east.  Mount  Diablo  base  and  meridian,  and  southwardly, 
southeastwardly,  and  southwestwardly  through  sections  six,  seven, 
and  eighteen,  township  twenty-two  south,  range  thirty-three  east, 
Mount  Diablo  base  and  meridian,  and  southwestwardly  through  sec- 
tions twenty-four,  twenty-five,  and  thirty-six,  township  twenty-two 
south,  range  thirty-two  east.  Mount  Diablo  base  and  meridian,  to  the 
southeast  quarter  of  the  southwest  quarter  of  said  section  thirty-six, 
township  twenty-two  south,  range  thirty-two  east,  Mount  Diablo  base 
and  meridian;  also  southeastwardly  through  section  twenty-five, 
township  twenty-two  south,  range  thirty-two  east.  Mount  Diablo 
base  and  meridian,  and  southeastwardly  and  southwestwardly 
through  sections  thirty  and  thirty-one,  township  twenty-two  south, 
range  thirty-three  east.  Mount  Diablo  base  and  meridian,  and  south- 
westwardly through  sections  six  and  seven,  township  twenty-three 
south,  range  thirty-three  east,  Mount  Diablo  base  and  meridian,  and 
westwardly  through  section  twelve,  township  twenty-three  south, 
range  thirty-two  east,  Mount  Diablo  base  and  meridian,  to  a  power 


166         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

house  on  the  northAvest  quarter  of  the  southeast  quarter  of  said  sec- 
tion twelve,  in  the  Sierra  Forest  Reserve- 
Permits  for  the  construction  of  each  of  the  foregoing  power  plants 
having  been  heretofore  granted  by  the  Interior  or  Agricultural  De- 
partments. 

Act  May  1,  1906,  c.  2076,  s.  1,  34  Stat.  163. 
Areas  covered  by  permit  granted. 

Sec.  2.  That  the  ground  covered  b}-  the  permit  hereby  granted  shall 
include  fifty  feet  on  each  side  of  the  center  of  said  canals  or  conduit 
lines  and  on  each  side  of  said  pole  lines,  or  so  much  thereof  as  may 
be  actually  necessary  for  their  installation,  maintenance,  and  use, 
and  the  ground  actual!}^  occupied  by  and  necessary  for  power  houses, 
diverting  dams,  and  necessary  buildings  and  structures  to  be  used  in 
collection  with  the  operation  and  maintenance  of  said  water-power 
plants,  together  with  fifty  feet  on  each  side  of  the  marginal  limits 
of  all  of  such  buildings  and  structures,  or  such  portion  of  said  fifty 
feet  as  may  be  actually  necessary  for  the  efficient  operation  and 
maintenance  of  said  power  plants,  dams,  and  other  structures;  also 
the  right  to  submerge  and  flood  at  the  intake  of  each  of  said  power 
plants  within  said  forest  reserves,  not  to  exceed  thirty  acres  in  each 
case,  such  area  only  as  may  be  actually  necessary  to  divert  the  water 
into  the  several  canal  or  conduit  lines  for  said  several  power  plants. 

Act  May  1,  1906,  c.  2076,  s.  2,  34  Stat.  166. 
Maps  to  be  filed;  lands  included  subject  to  rights  conveyed. 

Sec.  3.  That  within  six  months  after  the  passage  of  this  Act  the 
Edison  Electric  Company  shall  file  with  the  register  of  the  United 
States  land  office  for  the  district  where  said  power  plants  are  located, 
and  with  the  Forester  of  the  Department  of  Agriculture,  a  map  and 
such  copies  thereof  as  the  Secretary  of  the  Interior  may  prescribe, 
showing  separately  as  to  each  power  ]5lant  the  ground  occupied  or 
proposed  to  be  occupied  by  such  canals  or  conduit  lines,  pole  lines, 
power  houses,  and  other  buildings  and  structures  used  in  connection 
with  said  electrical  power  plants.  These  maps  shall  show  the  dimen- 
sions of  each  building  and  structure  and  each  diverting  dam,  and  the 
areas  which  it  will  be  necessary  to  submerge  at  the  point  of  intake 
of  each  power  plant  and,  after  the  filing  of  said  maps,  all  lands 
covered  bv  this  permit  as  shown  on  the  maps,  or  to  be  occupied  by 
stich  builciiugs  and  structures  as  shown,  together  with  such  portion 
of  fifty  feet  on  each  side  of  the  marginal  limits  thereof  as  may  be 
actually  necessary  for  the  operation  of  the  power  plants,  and  such 
land  as  may  be  submerged  by  the  construction  and  o]ieration  of  said 
power  ])lants,  shall,  when  disposed  of  by  the  Government,  he  dis- 
posed of  subject  to  the  rights  hereby  granted  unless  said  rights  shall 
luive  terminated  or  shall  have  been  revoked  as  herein  provided  prior 
lo  such  dispo.sal. 

Act  May  1.  1006.  o.  2076,  s.  3,  34  Stat.  1G6. 

Forest  reserve  regulations;  limitation  of  use  of  timber;  payment  for  timber  used. 

Sec.  4.  That  said  company  <h:\\\  ron.form  to  all  regulations  adopted 
or  prescribed  by  the  Secretary  of  Agriculture  or  the  Secretary  of  the 
Interior  governing  said  forest  reserves,  or  the  use  or  the  users 
thereof,  and  shall  not  take,  cut,  or  destrov  anv  timber  within  the 


FOREST   SERVICE.  167 

forest  reserves  except  such  as  it  may  be  actually  necessary  to  remove 
to  construct  its  power  plants  and  the  structures  pertaining  thereto, 
and  it  shall  be  required  to  pay  to  the  i)roper  officer  of  the  Forest 
Service  the  full  value  of  all  timber  and  ^YOod  cut,  used,  or  destroyed 
by  it  within  the  forest  reserves. 

Act  May  1,  1906,  c.  2076,  s.  4,  34  Stat.  166. 
Control  of  water  for  irrigation  not  affected. 

Sec.  5.  That  the  privileges  herein  granted  shall  not  be  construed  to 
interfere  with  the  control  of  water  for  irrigation  and  other  purposes 
under  laws  of  the  United  States  or  of  the  State  of  California. 

Act  May  1,  1906,  c.  2076,  s.  5,  34  Stat.  166. 

Private  rights,  etc.,  protected. 

Sec.  6.  That  no  private  right,  title,  or  interest  owned  by  any  per- 
son, persons,  or  corporation  in  such  forest  reserves  shall  be  interfered 
with  or  abridged,  except  with  the  consent  of  the  owner  or  owners, 
or  by  due  process  of  law  and  just  compensation  to  said  owner  or 
owners. 

Act  May  1,  1906,  c.  2076,  s.  6,  34  Stat.  166. 

Revocation  of  permit  granted  as  to  certain  power  plants  \ipon  noncompletion 
within  certain  periods. 

Sec.  7.  That  if  the  said  permittee  shall  fail  to  consummate  and  put 
in  operation  the  said  power  plant  specified  in  subdivision  (f)  of 
section  one  hereof  within  two  years  from  the  date  of  the  passage  of 
this  Act,  or  the  power  plant  specified  in  subdivisions  (g),  (h).  and 
(i)  of  section  one  hereof  withm  five  years  from  the  passage  of  this 
Act ;  then  as  to  each  of  said  power  plants  not  completed  and  put  in 
operation  wnthin  the  time  herein  limited  this  permit  shall  be  deemed 
to  be  revoked  without  judicial  or  other  proceeding;  and  a  failure 
during  any  j'ear  after  completion  to  operate  any  power  plant  pro- 
vided for  in  this  Act  for  a  total  time  of  ninety  days  in  such  year 
shall  operate  as  a  like  revocation  of  this  permit  as  to  such  plant  or 
plants. 

Act  May  1,  1906,  c.  2076,  s.  7,  34  Stat.  166. 

Permit  granted  subject  to  laws  and  rules  and  regulations  relating  to  forest 
reserves;  penalties  and  damages  for  infractions  or  breaches:  revocation  of 
permit  on  failure  to  pay  amounts  due  Forest  Service;  permit  granted  not 
affected  by  transfer  of  departmental  jurisdiction  over  lands. 

Sec.  8.  That  the  enjoyment  of  the  permit  hereby  granted  shall  be 
subject  at  all  times  to  all  laws  relating  to  the  forest  reserves,  and  to 
all  rules  and  regulations  authorized  and  established  thereunder,  and 
that  for  infraction  of  such  laws,  rules,  or  regulations  the  owner  or 
user  of  said  permit  shall  be  subject  to  all  fines  and  penalties  imposed 
thereby,  and  shall  also  be  liable  in  a  civil  action  for  all  damages  that 
may  accrue  from  such  breach,  and  that  for  any  continued  infraction 
of  such  laws,  rules,  or  regulations,  or  failure  to  pay  any  amount  due 
the  Forest  Service  from  said  company  within  sixty  days  of  notice 
thereof,  the  Secretary  of  the  Department  of  the  Interior  may,  upon 
request  of  the  Secretary  of  Agriculture,  after  due  notice  and  hearing, 
revoke  and  vacate  this  permit:  Provided,  That  the  transfer  of  any 
lands  from  the  jurisdiction  of  one  department  to  that  of  another 
shall  in  no  wise  affect  this  permit,  but  the  power  hereby  vested  in 


168         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

the  Secretary  shall,  upon  such  transfer,  be  deemed  to  be  transferred 
with  the  land. 

Act  May  1,  1906,  c.  2076,  s.  8,  34  Stat.  167. 

Payment  to  Forest  Service  for  privileges  granted  and  for  wood  or  timber;  free 
access  to  agents,  etc.,  of  Forest  Service;  construction  of  roads  or  trails 
over  lands  covered  by  permit  granted;  permittee  to  assist  in  fighting 
forest  fires. 

Sec.  9.  That  the  said  company  shall  pay  annually  in  advance  to 
the  proper  officer  of  the  Forest  Service,  as  compensation  for  the 
privileges  hereby  granted,  such  reasonable  sum  as  the  Secretary  of 
Agriculture  may  fix  from  year  to  year,  and  shall  pay  for  wood  or 
timber  cut,  removed,  or  destroyed  as  fast  as  the  value  thereof  may  be 
ascertained  and  charged  by  the  Forester:  Provided^  That  the  Sec- 
retary of  Agriculture,  his  agents  and  employees,  and  all  officers  of 
the  Forest  Service,  shall  have  free  and  unrestricted  access  in,  through, 
and  across  all  lands  and  structures  covered  by  said  permit  in  the 
performance  of  their  official  duties,  and  the  Secretary  in  charge  of 
forest  reserves  may  construct  or  permit  to  be  constructed  in,  through, 
or  across  any  land  covered  by  said  permit  roads  or  trails,  public  or 
otherwise,  or  other  means  of  transportation,  not  inconsistent  with 
the  enjoyment  of  the  permit  hereby  granted:  Provided  further^  That 
the  Edison  Electric  Company  shall,  under  penalty  of  immediate  for- 
feiture of  the  permit  hereby  granted,  when  requested  to  do  so,  assist 
the  forest  officers  in  fighting  fire,  and  shall  furnish  any  men  under 
its  employ  necessary  for  that  purpose,  and  shall  otherwise  assist 
to  the  extent  of  its  power  in  protecting  the  forest  reserves  and  main- 
taining good  order  upon  them. 

Act  May  1,  1906,  c.  2076,  s.  9,  34  Stat.  167. 
Amendment  or  repeal  of  act. 

Sec.  10.  That  Congress  shall  have  power  at  any  time  to  amend, 
modify,  or  repeal  this  Act. 

Act  May  1,  1906,  c.  2076,  s.  10,  34  Stat.  167 

ACT  MAY  30,  1910,  c.  261.  An  act  granting  certain  lands  in  the  Coconino 
National  Forest,  in  Arizona,  for  observatory  pui-poses.     (36  Stat.  452.) 

Certain  lands  in  Coconino  National  Forest  granted  to  Percival  Lowell  for 
observatory  purposes;   reversion  for  nonuser;   timber  rights  reserved. 

That  there  be,  and  hereby  is,  granted  to  Percival  Lowell,  his  heirs 
and  assigns,  section  numbered  seventeen,  in  township  numbered 
twenty-one  north  of  range  seven  east  of  the  Gila  and  Salt  River  base 
and  meridian,  the  said  tract  of  land  being  within  the  Coconino  Na- 
tional Forest,  in  the  Territory  of  Arizona,  for  observatory  purposes 
in  connection  with  the  Lowell  Observatory:  Provided,  That  in  the 
event  of  the  removal  or  abandonment  of  the  said  observatory  or  the 
use  of  said  land  by  the  grantee  for  other  than  observatory  purposes 
the  said  land  shall  revert  to  tlie  United  States:  Provided  further^ 
That  the  title  to  the  merchantable  timber  thereon  and  the  right  to 
cut  and  remove  the  same  in  such  manner  as  to  preserve  the  herbage 
and  undorirrowth  in  their  natural  condition  shall  remain  in  the 
United  States. 

Act  May  30,  1910,  c.  261.  36  Stat.  452. 


FOREST   SERVICE.  169 

ACT  MARCH  11,  1912,  c.  57.  An  act  to  nmond  an  act  out itlod  "  An  act  granting 
to  certain  employees  of  the  United  States  the  rlpht  to  receive  compensation 
for  Injuries  sustained  In  the  course  of  their  euiployment."  approved  May 
thirtieth,  nineteen  hundred  and  eight.     (37  Stat.  74.) 

Compensation  of  employees  of  Forest  Service  for  injuries  sustained  in  course 
of  employment. 

That  the  provisions  of  the  Act  approved  May  thirtieth,  nineteen 
hundred  and  eight,  entitled  "An  Act  panting  to  certain  employees 
of  the  United  States  the  right  to  receive  from  it  compensation  for 
injuries  sustained  in  the  course  of  their  employment,"  shall,  in 
addition  to  the  classes  of  persons  therein  designated,  be  held  to  apply 
to  any  artisan,  laborer,  or  other  employee  engaged  in  any  hazardous 
work  under  the  Bureau  of  Mines  or  the  Forestry  Service  of  the 
United  States :  Provided^  That  this  Act  shall  not  be  held  to  embrace 
any  case  arising  prior  to  its  passage. 

Act  March  11.  1912.  c.  57,  37  Stat.  74. 

Act  May  30,  1908,  c.  236,  mentioned  in  this  act,  is  set  forth  below. 

ACT  MAY  30,  1D08,  c.  236.  An  act  granting  to  certain  employees  of  the  United 
States  the  right  to  receive  from  it  compensation  for  injuries  sustained  In 

the  course  of  their  empKiyniont.      (35  Stat.  VwQ.) 

Compensation  to  certain  Government  employees  engaged  in  hazardous  work, 
for  injuries  sustained  in  course  of  employment. 

That  Tvhen.  on  or  after  August  first,  nineteen  hundred  and  eight, 
any  person  employed  by  the  United  States  as  an  artisan  or  laborer 
in  any  of  its  manufacturing  establishments,  arsenals,  or  navy-yards, 
or  in  the  construction  of  river  and  harbor  or  fortification  work  or  in 
hazardous  employment  on  construction  work  in  the  reclamation  of 
arid  lands  or  the  management  and  control  of  the  same,  or  in  hazard- 
ous employment  under  the  Isthmian  Canal  Commission,  is  injured 
in  the  course  of  such  employment,  such  employee  shall  be  entitled  to 
receive  for  one  year  thereafter,  unless  such  employee,  in  the  opinion 
of  the  Secretary  of  Commerce  and  Labor,  be  sooner  able  to  resume 
work,  the  same  pay  as  if  he  continued  to  be  employed,  such  pay- 
ment to  be  made  under  such  regulations  as  the  Secretary  of  Com- 
merce and  Labor  may  prescribe:  Provided.  That  no  compen^^ation 
shall  be  paid  under  this  Act  where  the  injury  is  due  to  the  negligence 
or  misconduct  of  the  employee  injured,  nor  unless  said  injury  shall 
continue  for  more  than  fifteen  days.  All  questions  of  nejrligence 
or  misconduct  shall  be  determined  by  the  Secretary  of  Commerce 
and  Labor. 

Act  May  30,  1908,  c.  236.  s.  1.  35  Stat.  556. 

In  addition  to  the  classes  of  employees  designated  in  this  section  the 
provisions  qf  this  act  are  made  applicable  to  artisans,  laborers,  or  other 
employees  engaeed  in  hazardous  work  under  the  Forest  Service,  by  act 
March  11,  1912,  c.  57,  37  Stat.  74.  set  forth  above. 

Compensation  to  widows,  etc.,  of  employees  dying  from  injuries  received  in 
course  of  employment. 

Sec.  2.  That  if  any  artisan  or  laborer  so  employed  shall  die  during 
the  said  year  by  reason  of  such  injury  received  in  the  course  of  such 
employment,  leaving  a  widow,  or  a  "child  or  children  under  sixteen 
years  oi  age,  or  a  dependent  parent,  such  widow  and  child  or  chil- 
dren and  dependent  parent  shall  be  entitled  to  receive,  in  such  por- 
tions and  under  such  regulations  as  the  Secretary  of  Commerce  and 
Labor  may  prescribe,  the  same  amount,  for  the  remainder  of  the 


170         LAWS   APPLICABLE   TO   DEPAETMENT   OF   AGKICULTUBE. 

said  year,  that  said  artisan  or  laborer  would  be  entitled  to  receive 
as  pay  if  such  employee  were  alive  and  continued  to  be  employed: 
Provided.^  That  if  the  vridow  shall  die  at  any  time  during  the  said 
year  her  portion  of  said  amount  shall  be  added  to  the  amount  to  be 
paid  to  the  remaining  beneficiaries  under  the  provisions  of  this  sec- 
tion, if  there  be  any. 

Act  May  30.  190S,  c.  236,  s.  2,  35  Stat.  556. 
Reports  of  accidents  to  employees  within  act,  and  injuries  therefrom. 

Sec.  3.  That  whenever  an  accident  occurs  to  any  employee  em- 
braced within  the  terms  of  the  first  section  of  this  Act.  and  which 
results  in  death  or  a  probable  incapacity  for  work,  it  shall  be  the 
duty  of  the  official  superior  of  such  employee  to  at  once  report  such 
accident  and  the  injury  resulting  therefrom  to  the  head  of  his  Bureau 
or  independent  office,  and  his  report  shall  be  immediately  communi- 
cated through  regular  official  channels  to  the  Secretary  of  Commerce 
and  Labor.  Such  report  shall  state,  first,  the  time,  cause,  and  nature 
of  the  accident  and  injury  and  the  probable  duration  of  the  injury 
resulting  therefrom ;  second,  whether  the  accident  arose  out  of  or  in 
the  course  of  the  injured  person's  employment;  third,  whether  the 
accident  was  due  to  negligence  or  misconduct  on  the  part  of  the  em- 
ployee injured ;  fourth,  any  other  matters  required  by  such  rules  and 
regulations  as  the  Secretary  of  Commerce  and  Labor  may  prescribe. 
The  head  of  each  Department  or  independent  office  shall  have  power, 
however,  to  charge  a  special  official  with  the  duty  of  making  such 
reports. 

Act  May  30,  1908,  c.  236,  s.  3,  35  Stat.  557. 

Affidavit  and  physician's  certificate  in  case  of  accidents  resulting  in  death  or 
Incapacity  for  work;   determination  of  compensation  to  be  paid. 

Sec.  4.  That  in  the  case  of  anv  accident  which  shall  result  in  death, 
the  persons  entitled  to  compensation  under  this  Act  or  their  legal  rep- 
resentatives shall,  within  ninety  days  after  such  death,  file  with  the 
Secretary  of  Commerce  and  Labor  an  affidavit  setting  forth  their 
relationship  to  the  deceased  and  the  ground  of  their  claim  for  com- 
pensation under  the  provisions  of  this  Act.  This  shall  be  accom- 
panied by  the  certificate  of  the  attending  physician  settinc:  forth  the 
fact  and  cause  of  death,  or  the  nonproduction  of  the  certificate  shall 
be  satisfactorily  accounted  for.  In  the  case  of  incapacity  for  work 
lasting  more  than  fifteen  days,  the  injured  party  desiring  to  take 
the  benefit  of  this  Act  shall,  within  a  reasonable  period  after  the 
expiration  of  such  time,  file  with  his  official  superior,  to  be  for- 
warded through  regular  official  channels  to  the  Secretary  of  Com- 
merce and  Labor,  an  affidavit  setting  forth  the  grou»ds  of  his  claim 
for  compensation,  to  be  accompanied  by  a  certificate  of  the  attend- 
ing physician  as  to  the  cause  and  nature  of  the  injury  and  probable 
duration  of  tlie  incapacity,  or  tlie  nonproduction  of  the  certificate 
shall  be  satisfactorily  accounted  for.  If  the  Secretary  of  Commerce 
and  Labor  shall  find  from  the  report  and  affidavit  or  other  evidence 
produced  by  the  claimant  or  his  or  her  legal  representatives,  or  from 
such  additional  investigation  ns  the  Secretary  of  Commerce  and 
Labor  may  direct,  that  a  claim  for  compensation  is  established  un- 
der this  Act.  the  compensation  to  be  paid  shall  be  determined  as  pro- 


FOREST   SERVICE.  171 

vided  under  tliis  Act  and  approved  for  payment  by  the  Secretary  of 
Commerce  and  Labor.  •  ' 

Act  M:iy  30.  190S.  c.  236,  s.  4.  35  Stat.  557. 
Medical  examination  of  employees. 

Sec.  5.  That  the  employee  shall,  whenever  and  as  t)ften  as  re- 
quired by  the  Secretary  of  Commerce  and  Labor,  at  least  once  in  six 
months,  submit  to  medical  examination,  to  be  provided  and  paid 
for  under  the  direction  of  the  Secretary,  and  if  such  employee  refuses 
to  submit  to  or  obstructs  such  examination  his  or  her  riojht  to  com- 
pensation shall  bo  lost  for  the  period  covered  by  the  continuance  of 
such  refusal  or  obstruction. 

Act  Atay  30.  lOOS,  c.  230.  s.  5.  35  vStat.  557. 

Payments  to  beneficiaries,  etc. 

Sec.  6.  That  payments  under  this  Act  are  only  to  be  made  to  the 
beneficiaries  or  their  legal  representatives  other  than  assignees,  and 
shall  not  be  subject  to  the  claims  of  creditors. 

Act  May  30.  1908.  c.  230.  s.  6,  35  Stat.  557. 

No  exemption  from  liability  by  contract,  regulation,  etc. 

Sec.  T.  That  the  United  States  shall  not  exempt  itself  from  lia- 
bility under  this  Act  by  any  contract,  agreement,  rule,  or  regulation, 
and  any  such  contract,  agreement,  rule,  or  regulation  shall  be  pro 
tanto  void. 

Act  May  30,  1908.  c.  2.36.  s.  7.  35  Stat.  558. 
Repeal. 

Sec.  8.  That  all  Acts  or  parts  of  Acts  in  conflict  herewith  or  pro- 
viding a  diflFerent  scale  of  compensation  or  otherwise  regulating  its 
payment  are  hereby  repealed. 

Act  May  30.  1908.  c.  236,  s.  8,  35  Stat.  558. 

ACT  FEBRUARY  1,  1905,  c.  288.      (33  Stat.  628.) 
Forest  supervisors  and  rangers;   selection. 

Sec.  3.  That  forest  supervisors  and  rangers  shall  be  selected,  when 
practicable,  from  qualified  citizens  of  the  States  or  Territories  in 
"which  the  said  reserves,  respectively,  are  situated. 

Act  February  1.  1905.  c.  288.  s.  3,  .33  Stat.  628. 

This  is  a  section  of  "An  act  providing  for  llie  trnns-fcr  of  forest  re- 
servers  from  the  Department  of  the  Interior  to  the  Department  of  Agri- 
culture." ci^ed  above. 

Previous  provisions  relating  to  the  selection  of  forestry  agents,  super- 
intendents, and  supervisors,  etc.,  under  the  Secretary  of  the  Interior, 
were  contained  in  the  sundry  civil  appropriation  acts  for  the  fiscal  years 
1900  to  1905,  inclusive. 

ACT  MAT  23,  1908.  c.  192.      (35  Stat.  251.) 

Advances  of  money  under  appropriations  for  Forest  Service  for  fighting  forest 
fires  in  emergency  cases. 

*  *  *  hereafter  advances  of  money  under  any  apjjropriation 
for  the  Forest  Service  may  be  made  to"  the  Forest  Service  and  by 
authority  of  the  Secretary  of  Agriculture  to  chiefs  of  field  parties 
for  fighting  forest  fires  in  emergency  cases,  who  shall  give  bond 


172  LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

under  such  rules  and  regulations  and  in  such  sum  as  the  Secretary 
of  Agriculture  may  direct,  and  detailed  accounts  arising  under  such 
advances  shall  be  rendered  through  and  by  the  Department  of  Agri- 
culture to  the  Treasury  Department  j     *     *     * 

Act  May  23,  1908,  c.  192,  35  Stat.  259. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above. 

ACT  MARCH  4,  1907,  c.  2907.      (34  Stat.  1256.) 

Sale  of  photographic  prints,  etc.,  and  forest  maps,  and  of  condemned  property 
or  materials. 

*     *     *     hereafter  he  |  the  Secretary  of  Agriculture]  may  dispose 

of  photographic  prints   (including  bromide  enlargements),  lantern 

slides,  transparencies,  blueprints,  and  forest  maps  at  cost  and  ten  per 

centum  additional,  and  condemned  property  or  materials  under  his 

charge  in  the  same  manner  as  provided  by  law  for  other  bureaus; 
*     *     * 

Act  March  4,  1907,  c.  2907,  34  Stat.  1270. 

This  is  a  provisiou,  under  "  General  Expenses,  Forest  Service,"  of  the 
agricultural  aiipropriation  act  for  the  fiscal  year  1908,  cited  above.  Simi- 
lar provisions,  without  the  word  "  hereafter  ",  are  contained  in  the  similar 
appropriation  acts  for  the  previous  fiscal  years,  beginning  with  190(}. 

A  provision  of  the  same  act  authorizing  the  Secretary  of  Agriculture 
to  furnish  prints  and  lantern  slides  from  negatives  in  the  possession  of 
the  department,  is  set  forth  on  p.  22.  ante. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Furnishing  young   trees  from   Nebraska  National   Forest   to   residents   of  arid 
region. 

Nebraska  National  Forest,  Nebraska,  *  *  *  That  from  the 
nurseries  on  said  forest  the  Secretary  of  Agriculture,  under  such 
rules  and  regulations  as  he  may  prescribe,  may  furnish  young  trees 
free,  so  far  as  they  may  be  spared,  to  residents  of  the  territory 
covered  by  "An  Act  increasing  the  area  of  homesteads  in  a  portion 
of  Nebraska,"  approved  April  twenty-eighth,  nineteen  hundred  and 
four;     =i=     *     * 

Act  August  10,  1912,  c.  284.  37  Stat.  284. 

This  is  a  proviso  annexed  to  the  appropriation  for  the  Nebraska  Na- 
tional Forest  in  the  agricultural  ajipropriation  act  for  the  fiscal  year 
1913.  A  proviso  in  the  same  language  accompanied  the  similar  act  for 
the  preceding  fiscal  year. 

ACT  MARCH  4,  1911,  c.  238.      (36  Stat.  1235.) 
Statement  of  Forest  Service  expenditures,  1900  to  1910. 

That  the  Secretary  of  Agriculture  shall  prepare  or  cause  to  be 
propni-od  a  stntement  showing  all  expenditures  made  each  fiscal  year 
by,  through,  or  on  account  of  the  Forest  Service  from  the  year  nine- 
teen hundred  to  the  year  nineteen  hundred  and  ten,  both  inclusive, 
stated  as  follows: 

For  permanent  forest  improvements  in  each  State  and  Territory; 
for  salaries  and  olhor  compensation  of  in.spectors,  forest  supervisors, 
forest  rangers,  deputy  forest  rangers,  assistant  forest  rangers,  stating 
the  nimiber  of  each  class;  for  part  time  force  to  meet  emergencies  in 
extinguishing  foro.'^t  fires;  for  railroad  fares,  automobile  hire,  car- 
riage and  horse  hire;  for  hotel  bills;  for  freight  and  express;  for 


FOREST   SERVICE.  173 

telephone  and  telegraph;  for  statutory  and  himp-fund  salaries  of 
olficers  and  clerks  and  the  niiniher  tliereof  in  the  city  of  Washington, 
and  all  other  expenditures  made  for  the  conduct  of  the  bureau  in  the 
city  of  Washington,  including  rent,  fuel,  stationery,  furniture,  fur- 
nishing^, typewriters,  giving  number  purchased,  miscellaneous  sup- 
plies, giving  classification  ot  same;  for  salaries,  clerk  hire,  hotel  bills, 
automobile,  carriage  and  horse  hire,  miscellaneous  supplies,  giving 
classification  thereof,  office  supplies,  and  all  other  expenditures  made 
in  connection  with  the  conduct  of  the  Forest  Service  outside  of  the 
city  of  Washington ;  for  compensation  of  persons  engaged  in  writing 
descriptive  or  other  matter  for  publication,  giving  names  of  persons 
so  employed  and  amount  paid  to  each  therefor,  and  names  of  publica- 
tions accepting  such  matter  for  publication  and  amount  paid  to  each 
therefor;  for  photographs,  lantern  slides,  lecture  equipment  and 
lecturers;  for  printing  and  binding;  said  statement  to  show  also  for 
the  same  period  of  time  the  amoimts  collected  by  the  Forest  Service 
for  timber  and  the  use  of  the  forests. 

Act  March  4,  1911,  c.  238,  36  Stat.  1265. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  tiscal 
year  1912.  cited  above. 

Provisions  contained  in  act  March  4,  1907,  e.  2907,  requiring  the 
Secretary  of  Agriculture  to  submit  to  Congress  classifled  and  detailed 
estimates  and  reports  of  exiienditures  by  the  Forest  Service,  are  repealed 
by  a  provision  of  act  March  4,  1911,  c.  238,  set  forth  on  p.  17,  ante. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat  269.) 

Salaries,  Forest  Service:  One  Forester,  who  shall  be  chief  of 
bureau,  five  thousand  dollars;  one  administrative  assistant,  two 
thousand  dollars;  one  forest  supervisor,  two  thousand  seven  hundred 
dollars;  one  forest  supervisor,  two  thousand  six  hundred  dollars;  five 
forest  supervisors,  at  two  thousand  four  hundred  dollars  each; 
twenty  forest  supervisors,  at  two  thousand  two  hundred  dollars  each ; 
forty-five  forest  supervisors,  at  two  thousand  dollars  each;  sixty-six 
forest  supervisors,  at  one  thousand  eight  hundred  dollars  each;  ten 
forest  supervisors,  at  one  thousand  six  hundred  dollars  each;  four 
deputy  forest  supervisors,  at  one  thousand  seven  hundred  dollars 
each;  twenty-one  deputy  forest  supervisors,  at  one  thousand  six 
hundred  dollars  each ;  thirty  deputy  forest  supervisors,  at  one  thou- 
sand five  hundred  dollars  each;  twenty-five  deputy  forest  super- 
visors, at  one  thousand  four  hundred  dollars  each;  tw^o  forest  rangers, 
at  one  thousand  five  hundred  dollars  each;  twenty-one  forest  rangers, 
at  one  thousand  four  hundred  dollars  each;  seventy-eight  forest 
rangers,  at  one  thousand  three  hundred  dollars  each;  two  hundred 
and  fifty-two  forest  rangers,  at  one  thousand  two  hundred  dollars 
each ;  seven  hundred  and  thirty-four  assistant  forest  rangers,  at  one 
thousand  one  hundred  dollars  each ;  one  property  auditor,  one  thou- 
sand eight  hundred  dollars;  one  clerk,  two  thousand  one  hundred 
dollars;  three  clerks,  at  two  thousand  dollars  each;  eleven  clerks,  at 
one  thousand  eight  hundred  dollars  each;  tw^enty-five  clerks,  at  one 
thousand  six  hundred  dollars  each ;  nine  clerks,  at  one  thousand  five 
hundred  dollars  each ;  seventeen  clerks,  at  one  thousand  four  hundred 
dollars  each;  six  clerks,  at  one  thousand  three  hundred  dollars  each; 
seventy-seven  clerks,  at  one  thousand  two  hundred  dollars  each;  fifty- 
nine  clerks,  at  one  thousand   one  hundred  dollars  each;   fifty-one 


174  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

clerks,  at  one  thousand  and  twenty  dollars  each;  thirty  clerks,  at  nine 
hundred  and  sixty  dollars  each;  one  hundred  and  twenty-eight  clerks, 
at  nine  hundred  dollars  each ;  two  clerks,  at  eight  hundred  and  forty 
dollars  each;  one  game  w^arden,  one  thousand  four  hundred  dollars; 
one  game  warden,  one  thousand  two  hundred  dollars;  one  compiler, 
one  thousand  six  hundred  dollars;  one  draftsman,  two  thousand 
dollars;  three  draftsmen,  at  one  thousand  six  hundred  dollars  each; 
two  draftsmen,  at  one  thousand  five  hundred  dollars  each;  six  drafts- 
men, at  one  thousand  four  hundred  dollars  each;  four  draftsmen,  at 
one  thousand  three  hundred  dollars  each;  seven  draftsmen,  at  one 
thousand  two  hundred  dollars  each;  two  draftsmen,  at  one  thousand 
one  hundred  dollars  each;  three  draftsmen,  at  one  thousand  and 
twenty  dollars  each;  one  draftsman,  nine  hundred  and  sixty  dollars; 
four  draftsmen,  at  nine  hundred  dollars  each;  one  artist,  one  thou- 
sand four  hundred  dollars;  one  artist,  one  thousand  dollars;  four 
map  colorists,  at  nine  hundred  dollars  each ;  one  map  colorist,  seven 
hundred  and  twenty  dollars;  one  photographer,  one  thousand  six 
hundred  dollars;  one  photographer,  one  thousand  four  hundred  dol- 
lars; one  photographer,  one  thousand  two  hundred  dollars;  one  pho- 
tographer, one  thousand  one  hundred  dollars;  one  lithographer,  one 
thousand  two  hundred  dollars;  one  lithographer's  helper,  seven  hun- 
dred and  eighty  dollars;  one  machinist,  one  thousand  two  hundred 
and  sixty  dollars;  one  carpenter,  one  thousand  two  hundred  dollars; 
two  carpenters,  at  one  thousand  dollars  each;  one  carpenter,  nine 
hundred  and  sixty- dollars;  one  electrician,  one  thousand  and  twenty 
dollars;  one  laboratory  aid  and  engineer,  nine  hundred  dollars;  three 
laboratory  assistants,  at  nine  hundred  dollars  each;  one  laboratory 
assistant,  eight  hundred  dollars;  one  laboratory  helper,  seven  hun- 
dred and  twenty  dollars;  one  laboratory  helper,  six  hundred  dollars; 
one  packer,  one  thousand  dollars;  one  packer,  seven  hundred  and 
eighty  dollars;  four  watchmen,  at  eight  hundred  and  forty  dollars 
each;  one  messenger  or  laborer,  nine  hundred  and  sixty  dollars;  three 
messengers  or  laborers,  at  nine  hundred  dollars  each;  four  messengers 
or  laborers,  at  eight  hundred  and  forty  dollars  each ;  three  messengers 
or  laborers,  at  seven  hundred  and  eighty  dollars  each;  four  mes- 
sengers or  laborers,  at  seven  hundred  and  twenty  dollars  each;  six 
messengers  or  laborers,  at  six  hundred  and  sixty  dollars  each;  five 
messengers  or  laborers,  at  six  hundred  dollars  each;  two  messengers 
or  laborers,  at  five  hundred  and  forty  dollars  each ;  three  messengers 
or  messenger  boys,  at  four  hundred  and  eighty  dollars  each ;  three 
messengers  or  messenger  boys,  at  four  hundred  and  twenty  dollars 
each;  twelve  messengers  or  messenger  boys,  at  three  hundred  and 
sixty  dollars  each;  one  apprentice  boy,  tour  hundred  and  eighty 
dollars;  one  charwoman,  five  hundred  and  forty  dollars;  one  char- 
woman, four  hundred  and  eighty  dollars;  one  charwoman,  three 
hundred  dollars;  eleven  charwomen,  at  two  hundred  and  forty  dollars 
each;  in  all,  two  million  two  hundred  and  thirty-five  thousand  seven 
hundred  and  sixty  dollars, 

Gkneral  Expenses.  Forest  Service:  To  enable  the  Secretary  of 
Agriculture  to  experiment  and  to  make  and  continue  investigations 
and  report  on  forestry,  national  forests,  forest  fires,  and  lumbering, 
but  no  part  of  this  apjiropriation  shall  be  used  for  any  experiment  or 
test  matle  outside  the  jurisdiction  of  the  United  States;  to  advise  the 
owners  of  woodlands  as  to  the  proper  care  of  the  same;  to  investigate 


FOREST   SERVICE.  175 

and  test  American  timber  and  timber  trees  and  their  uses,  and 
methods  for  the  preservative  treatment  of  timber;  to  seek,  through 
investigations  and  the  pLanting  of  native  and  foreio;n  species,  suitable 
trees  for  the  treeless  regions;  to  erect  necesstiry  buildings:  Prorided^ 
That  the  cost  of  any  building  erected  shall  not  exceed  six  hundred  and 
fifty  dollars:  And  provided  further^  That  no  part  of  the  appropria- 
tion made  by  this  Act  shall  be  used  for  the  construction,  repair,  main- 
tenance or  use  of  buildings  or  improvements  made  for  forest-ranger 
stations  within  the  inclosed  fields  of  bona  fide  homestead  settlers  who 
have  established  residence  upon  their  homestead  lands  prior  to  the 
date  of  the  establishment  of  the  forest  reservation  in  which  the  home- 
stead lands  are  situated,  without  the  consent  of  the  homesteader;  to 
pay  all  expenses  necessary  to  protect,  administer,  and  improve  the 
national  forests;  to  ascertain  the  natural  conditions  upon  and  utilize 
the  national  forests;     *     *     * 

Provisions  of  this  act,  here  omitted,  authorizing  the  exportation  of 
timber  jmd  other  forest  products,  cut  or  removed  from  national  forests, 
from  the  State,  etc.,  in  which  such  forests  are  located,  are  set  forth  on 
p.  92,  ante. 

*  *  *  to  transport  and  care  for  fish  and  game  supplied  to  stock 
the  national  forests  or  the  waters  therein;  to  employ  agents,  clerks,  as- 
sistants, and  other  labor  required  in  practical  forestrj'  and  in  the 
administration  of  national  forests,  in  the  city  of  Washington  and 
elsewhere;  to  collate,  digest,  report,  and  illustrate  the  results  of 
experiments  and  investigations  made  by  the  Forest  Service;  to  pur- 
chase law  books,  to  an  amount  not  exceeding  five  hundred  dollars, 
necessar}^  supplies.  apjDaratus.  and  office  fixtures,  and  technical  books 
and  technical  journals  for  officers  of  the  Forest  Service  stationed 
outside  of  Washington;  to  pay  freight,  express,  telephone,  and  tele- 
graph charges;  for  electric  light  and  power,  fuel,  gas,  ice,  washing 
towels,  and  official  traveling  and  other  necessary  expenses,  including 
traveling  expenses  for  legal  and  fiscal  officers  while  performing 
Forest  Service  w^ork ;  and  for  rent  outside  of  the  District  of  Colum- 
bia, as  follows: 

For  salaries  and  field  and  station  expenses,  including  the  mainte- 
nance of  nurseries,  collecting  seed,  and  planting,  necessary  for  the  use, 
maintenance,  improvement,  and  protection  of  the  national  forests 
named  below : 

Absaroka  National  Forest,  Montana,  eight  thousand  two  hundred 
and  thirteen  dollars; 

Alamo  National  Forest,  New  Mexico,  six  thousand  five  hundred 
and  thirty-five  dollars; 

Angeles  National  Forest,  California,  thirteen  thousand  five  hun- 
dred and  seventy-seven  dollars; 

Apache  National  Forest,  Arizona,  thirteen  thousand  and  eighty- 
eight  dollars; 

Arapaho  National  Forest,  Colorado,  fourteen  thousand  seven  hun- 
dred and  fifty-eight  dollars; 

Arkansas  National  Forest,  Arkansas,  fourteen  thousand  four  hun- 
dred and  two  dollars; 

Ashley  National  Forest,  Utah  and  Wyoming,  four  thousand  four 
hundred  and  thirty-four  dollars; 

Battlement  National  Forest,  Colorado,  six  thousand  five  hundred 
and  ninety-three  dollars; 


176         LAWS   APPLICABLE   TO  DEPARTMENT   OF  AGRICULTURE. 

Beartooth  National  Forest,  Montana,  eleven  thousand  eight  hun- 
dred and  eighty-nine  dollars; 

Beaverhead  National  Forest,  Montana  and  Idaho,  nine  thousand 
seven  hundred  and  sixty-nine  dollars; 

Bighorn  National  Forest,  Wyoming,  sixteen  thousand  nine  hun- 
dred and  eighty-eight  dollars; 

Bitterroot  National  Forest,  Montana,  twenty  thousand  one  hun- 
dred and  fifteen  dollars; 

Blackfeet  National   Forest,  Montana,  twenty-one  thousand  nine 
hundred  and  eighty-one  dollars; 

Black  Hills  National   Forest,  South  Dakota,  nine  thousand  one 
hundred  and  twenty-eight  dollars; 

Boise  National  Forest,  Idaho,  ten  thousand  five  hundred  and  nine- 
teen dollars; 

Bonneville  National  Forest,  Wyoming,  three  thousand  nine  hun- 
dred and  ninety-three  dollars; 

Bridger  National  Forest,  Wyoming,  three  thousand  six  hundred 
and  thirty-eiglit  dollars; 

Cabinet  National  Forest,  Montana,  twelve  thousand  eight  hundred 
and  forty -seven  dollars; 

Cache  National  Forest,  Utah  and  Idaho,  seven  thousand  seven 
hundred  and  three  dollars; 

California  National  Forest,  California,  eleven  thousand  nine  hun- 
dred and  ninety-three  dollars; 

Caribou  National  Forest,  Idaho  and  Wyoming,  five  thousand  two 
hundred  and  twenty-eight  dollars; 

Carson   National   Forest,   New   Mexico,   seventeen    thousand   two 
hundred  and  ninety-one  dollars; 

Cascade  National  Forest,  Oregon,  twelve  thousand  one  hundred 
and  seventy-nine  dollars; 

Challis  National  Forest,  Idaho,  five  thousand  two  hundred  and 
twenty-six  dollars; 
^  Chelan  National  Forest,  Washington,  eight  thousand,  and  sixty- 
eight  dollars; 

Chiricahua    National    Forest,    Arizona    and    New    Mexico,    eight 
thousand  three  hundred  and  eighty-two  dollars; 

Chugach    National    Forest,   Alaska,   twenty-three   thousand    four 
hundred  and  eighty-five  dollars; 

Clearwater  National  Forest,  Idaho,  fifteen  thousand  eight  hundred 
and  twenty-seven  dollars; 

Cleveland  National  Forest,  California,  nine  thousand  four  hundred 
and  ninety-nine  dollars; 

Cochetopa  National  Forest,  Colorado,  seven  thousand  one  hundred 
and  fifty-nine  dollars; 

Coconino  National  Forest,  Arizona,  sixteen  thousand  nine  hundred 
and  ninety-four  dollars; 

Coeur  d'Alene  National  Forest,  Idaho,  fifteen  thousand  two  hun- 
dred and  thirty-nine  dollars; 

Colorado  National  Poorest,  Colorado,  eight  thousand  seven  hundred 
and  thirty-four  dollars; 

Columbia  National  Forest,  Washington,  thirteen  thousand  eight 
hundred  and  sixty-seven  dollars; 

Colyille  National  Forest,  Washington,  ten  thousand  six  hundred 
and  nine  dollars; 


FOREST   SERVICE.  177 

Coronado  National  Forest,  Arizona,  eight  tliousand  five  hundred 
and  one  doHars; 

Crater  National  Forest,  Oregon  and  California,  twenty-five  thou- 
sand and  fifty-nine  dollars; 

Crook   National   Forest,   Arizona,   six   thousand   and   thirty-nine 
dollars ; 

Custer  National  Forest,  Montana,  eight  thousand  three  hundred 
and  fifty-eight  dollars; 

Dakota  >«ational  Forest,  North  Dakota,  one  thousand  two  hundred 
and  thirty-two  dollars; 

Datil  National  Forest,  New  Mexico,  thirteen  thousand  six  hundred 
and  eighty-eight  dollars; 

Deerlodge   National    Forest,   Montana,   eighteen    thousand   three 
hundred  and  eighty-nine  dollars; 

Deschutes  National  Forest,  Oregon,  eleven  thousand  four  hundred 
and  six  dollars; 

Dixie  National  Forest,  Utah  and  Arizona,  three  thousand  nine 
hundred  and  ninety  dollars; 

Durango  National  Forest,  Colorado,  seven  thousand  five  hundred 
and  fifty-eight  dollars; 

Eldorado  National  Forest,  California  and  Nevada,  eleven  thousand 
two  hundred  and  thirteen  dollars; 

Fillmore  National  Forest,  Utah,  three  thousand  six  hundred  and 
fifty-five  dollars; 

Fishlake  National  Forest,  Utah,  three  thousand  five  hundred  and 
ten  dollars; 

Flathead  National  Forest,  Montana,  twenty-seven  thousand  one 
hundred  and  sixteen  dollars; 

Florida  National  Forest,  Florida,  nine  thousand  nine  hundred  and 
fourteen  dollars; 

Fremont  National  Forest,  Oregon,  ten  thousand  eight  hundred  and 
seven  dollars; 

Gallatin  National  Forest,  Montana,  six  thousand  eight  hundred 
and  seventy-three  dollars; 

Gila    National    Forest,   New   Mexico,   twenty-four   thousand   one 
hundred  and  sixty-five  dollars; 

Gunnison  National  Forest,  Colorado,  ten  thousand  nine  hundred 
and  fifty-two  dollars; 

Harney    National    Forest,    South    Dakota,    seven    thousand    five 
hundred  and  twenty-five  dollars; 

Hayden  National  Forest,  Wyoming  and  Colorado,  six  thousand 
five  hundred  and  forty-two  dollars; 

Helena  National  Forest,  Montana,  seven  thousand  four  hundred 
and  sixty-seven  dollars; 

Holy  Cross  National  Forest,  Colorado,  seven  thousand  and  seven- 
teen dollars; 

Humboldt  National  Forest,  Nevada,  five  thousand  eight  hundred 
and  forty  dollars; 

Idaho  National  Forest,  Idaho,  eleven  thousand  nine  hundred  and 
eighty-three  dollars;. 

Inyo  National  Forest,  California  and  Nevada,  eight  thousand  eight 
hundred  and  thirty-nine  dollars; 

Jefferson  National  Forest,  Montana,  eleven  thousand  three  hun- 
dred and  ninety-four  dollars; 
71657—13 12 


178         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Jemez  National  Forest,  New  Mexico,  seventeen  thousand  one  hun- 
dred and  thirty-nine  dollars; 

Kaibab  National  Forest,  Arizona,  six  thousand  six  hundred  and 
fifty-two  dollars; 

Kaniksu  National  Forest,  Idaho  and  Washington,  twenty-five 
thousand  and  twenty-seven  dollars; 

Kansas  National  Forest,  Kansas,  three  thousand  one  hundred  and 
seventeen  dollars; 

Kern  National  Forest,  California,  thirteen  thousand  one  hundred 
and  seventy-nine  dollars; 

Klamath  National  Forest,  California,  twenty-seven  thousand  eight 
hundred  and  fifty-seven  dollars; 

Kootenai  National  Forest,  Montana,  thirty  thousand  eight  hun- 
dred and  forty-six  dollars; 

La  Sal  National  Forest,  Utah  and  Colorado,  six  thousand  five  hun- 
dred and  sixty-nine  dollars; 

Lassen  National  Forest,  California,  eighteen  thousand  six  hundred 
and  fifty-nine  dollars; 

Leadville  National  Forest,  Colorado,  nine  thousand  and  thirty- 
seven  dollars; 

Lemhi  National  Forest,  Idaho,  seven  thousand  two  hundred  and 
eighteen  dollars; 

Lewis  and  Clark  National  Forest,  Montana,  twelve  thousand  two 
hundred  and  eighty-six  dollars; 

Lincoln  National  Forest,  New  Mexico,  five  thousand  six  hundred 
and  seventeen  dollars; 

Lolo  National  Forest,  Montana,  twenty  thousand  one  hundred  and 
four  dollars; 

Luquillo  National  Forest,  Porto  Rico,  three  thousand  nine  hun- 
dred and  sixty-one  dollars; 

Madison  National  Forest,  Montana,  ten  thousand  two  hundred  and 
ninety-nine  dollars; 

Malheur  National  Forest,  Oregon,  ten  thousand' three  hundred  and 
ninety-eight  dollars; 

Manti  National  Forest,  Utah,  seven  thousand  eight  hundred  and 
eight  dollars; 

Manzano  National  Forest,  New  Mexico,  four  thousand  six  hundred 
and  fifty-three  dollars; 

Marquette  National  Forest,  Michigan,  two  thousand  eight  hundred 
and  sixty-three  dollars; 

Medicine  Bow  National  Forest,  Wyoming,  seventeen  thousand  four 
hundred  and  twenty-nine  dollars; 

Michigan  National  Forest,  Michigan,  two  thousand  four  liundred 
and  seventeen  dollars; 

Minnm  National  Forest,  Oregon,  four  thousand  one  hundred  and 
ninety-four  dollars; 

Minnesota  National  Forest,  Minnesota,  nine  thousand  seven  hun- 
dred and  ninety-seven  dollai-s; 

Minidoka  National  Forest,  Idaho  and  Utah,  five  thousand  two 
hundred  and  fifty-nine  dollars; 

Missoula  National  Forest,  Montana,  fifteen  thousand  seven  hun- 
dred and  seventy-six  dollars; 

Moapa  National  Forest,  Nevada,  one  thousand  seven  hundred  and 
ninety-four  dollars; 


FOREST   SERVICE.  179 

Modoc  National  Forest,  California,  ten  thousand  nine  hundred  and 
fifty  dollars; 

Mono  National  Forest,  Nevada  and  California,  five  thousand  eight 
hundred  and  three  dollars. 

Monterey  National  Forest,  California,  four  thousand  four  hundred 
and  sixty-four  dollars; 

Montezuma  National  Forest,  Colorado,  ten  thousand  two  hundred 
and  fifty-five  dollars; 

Nebo  National  Forest,  Utah,  one  thousand  six  hundred  and  fifty- 
four  dollars; 

Nebraska  National  Forest,  Nebraska,  four  thousand  two  hundred 
and  thirty-one  dollars:     *     *     * 

A  proviso  here  omitted,  authorizing  the  furnishing  of  young  trees 
from  nurseries  on  the  Nebraska  Naiional  Forest,  to  t-ertaiu  homestead 
residents,  is  set  forth  on  p.  172,  ante. 

Nevada  National  Forest,  Nevada,  eight  thousand  nine  hundred 
and  fifty  dollars; 

Nez  Perce  National  Forest,  Idaho,  twenty  thousand  three  hundred 
and  sixty  dollars; 

Ochoco  National  Forest,  Oregon,  nine  thousand  three  hundred  and 
.fifty-two  dollars; 

Okanogan  National  Forest,  Washington,  sixteen  thousand  eight 
hundred  and  eighty-four  dollars; 

Olympic  National  Forest,  Washington,  sixteen  thousand  eight  hun- 
dred and  fifty  dollars; 

Oregon  National  Forest,  Oregon,  nineteen  thousand  and  seventy- 
seven  dollars; 

Ozark  National  Forest,  Arkansas,  fifteen  thousand  eight  hundred 
and  ninety-three  dollars ; 

Palisade  National  Forest,  Idaho  and  Wyoming,  eight  thousand 
seven  hundred  and  twent5'--one  dollars; 

Paulina  National  Forest,  Oregon,  thirteen  thousand  six  hundred 
and  seventy  dollars; 

Payette  National  Forest,  Idaho,  twelve  thousand  four  hundred 
and  fifty-four  dollars; 

Pecos  National  Forest,  New  Mexico,  thirteen  thousand  and  ninety- 
three  dollars; 

Pend  Oreille  National  Forest,  Idaho,  fourteen  thousand  three  hun- 
dred and  three  dollars; 

Pike  National  Forest.  Colorado,  seventeen  thousand  nine  hundred 
and  seventy-three  dollars; 

Plumas  National  Forest,  California,  twenty-three  thousand  six 
hundred  and  eight  dollars; 

Pocatello  National  Forest.  Idaho  and  Utah,  one  thousand  four 
hundred  and  eighty-three  dollars; 

Powell  National  Forest,  Utah,  two  thousand  five  hundred  and 
eighty-six  dollars; 

Prescott  National  Forest,  Arizona,  six  thousand  three  hundred  and 
seventy-six  dollars; 

Rainier  National  Forest,  Washington,  thirteen  thousand  five  him- 
dred  and  eighteen  dollars; 

Pio  Grnndo  National  Purest,  Colorado,  ten  thousand  nine  hundred 
and  seventy-six  dollars; 


180         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Routt  National  Forest,  Colorado,  eleven  thousand  six  hundred  and 
seventy-five  dollars; 

Ruby  National  Forest,  Nevada,  three  thousand  five  hundred  and 
eighty-three  dollars; 

Saint  Joe  National  Forest,  Idaho,  twenty-seven  thousand  six  hun- 
dred and  twenty-four  dollars; 

Salmon  National  Forest,  Idaho,  twelve  thousand  one  hundred  and 
sixty-nine  dollars; 

San  Isabel  National  Forest,  Colorado,  seven  thousand  three  hun- 
dred and  ninety-nine  dollars; 

San  Juan  National  Forest,  Colorado,  nine  thousand  nine  hundred 
and  one  dollars; 

Santa  Barbara  National  Forest,  California,  twelve  thousand  two 
hundred  and  seventy  dollars; 

Santa  Rosa  National  Forest,  Nevada,  eight  thousand  four  hundred 
dollars; 

Santiam  National  Forest,  Oregon,  twelve  thousand  six  hundred 
and  twenty-seven  dollars; 

Sawtooth  National  Forest,  Idaho,  seven  thousand  two  hundred 
and  seventy-eight  dollars; 

Selway  National  Forest,  Idaho,  twenty  thousand  two  hundred  and 
sixty-five  dollars; 

Sequoia  National  Forest,  California,  fifteen  thousand  eight  hun- 
dred and  tAventy-one  dollars; 

Sevier  National  Forest,  Utah,  four  thousand  three  hundred  and 
sixty-two  dollars; 

Shasta  National  Forest,  California,  twenty-four  thousand  five  hun- 
dred and  thirty-three  dollars; 

Shoshone  National  Forest,  Wyoming,  six  thousand  nine  hundred 
and  sixty-three  dollars; 

Sierra  National  Forest,  California,  thirteen  thousand  and  forty- 
nine  dollars; 

Sioux  National  Forest,  South  Dakota  and  Montana,  six  thousand 
one  hundred  and  eighteen  dollars; 

Siskiyou  National  Forest,  Oregon  and  California,  thirteen  thou- 
sand two  hundred  and  thirty-four  dollars; 

Sitgreaves  National  Forest,  Arizona,  fifteen  thousand  three  hun- 
dred and  ten  dollars; 

Siuslaw  National  Forest,  Oregon,  seven  thousand  nine  hundred 
and  eighty-nine  dollars; 

Snoqunlmie  National  Forest,  Washington,  twenty-five  thousand 
six  hundred  and  five  dollars; 

Sopris  National  Forest,  Colorado,  nine  thousand  and  forty-seven 
dollai-s; 

Stanislaus  National  Forest,  California,  eighteen  thousand  five  hun- 
dred and  ninety-three  dollars; 

Sundance  National  Forest,  Wyoming,  three  tliousand  seven  hun- 
dred and  eleven  dollars; 

Superior  National  Forest,  Minnesota,  thirteen  thousand  and 
ninety-nine  dollars; 

Tahoe  National  Forest,  California  and  Nevada,  twenty  thousand 
one  hundred  and  seventy-seven  dollars; 

Targliof  National  Forest,  Idaho  and  Wyoming,  twelve  thousand 
three  liundred  and  thirty-two  dollai's; 


FOREST   SERVICE.  181 

Teton  National  Forest,  Wj^oming,  eight  thougand  eight  hundred 
and  twenty-five  dollars; 

Toiyabe  Nationnl   Forest,  Nevada,  eight  thousand  nine  hundred 
and  twenty-two  dollars; 

Tongass  National  Forest,  Alaska,  twenty-one  thousand  one  hun- 
dred and  sixty  dollars; 

Tonto  National  Forest,  Arizona,  ten  thousand  four  hundred  and 
twenty-nine  dollars; 

Trinity  National  Forest,  California,  twenty-nine  thousand  four 
hundred  and  eighty-three  dollars; 

Tusayan  National  Forest,  Arizona,  eleven  thousand  seven  hun- 
dred and  fifty-one  dollars; 

Uinta  National  Forest,  Utah,  six  thousand  seven  hundred  and 
forty-four  dollars; 

Umatilla  National  Forest,  Oregon,  eight  thousand  two  hundred  and 
seventeen  dollars; 

Umpqua  National  Forest,  Oregon,  thirteen  thousand  and  seventy- 
six  dollars; 

Unconipahgre  National  Forest,  Colorado,  ten  thousand  and  ninety- 
nine  dollars; 

Wallowa  National  Forest,  Oregon,  eleven  thousand  four  hundred 
and  seven  dollars ; 

Wasatch  National  Forest,  Utah,  two  thousand  one  hundred  and 
eighty-three  dollars; 

Washakie  National  Forest,  Wyoming,  five  thousand  and  fifty-seven 
dollars; 

Washington  National  Forest,  Washington,  twelve  thousand  two 
hundred  and  ninety-eight  dollars; 

Weiser  National  Forest,  Idaho,  nine  thousand  one  hundred  and 
eighty-six  dollars; 

Wenaha  National  Forest,  Washington  and  Oregon,  seven  thousand 
four  hundred  and  forty-one  dollars ; 

Wenatchee  National  Poorest,  Washington,  eight  thousand  one  hun- 
dred and  eighty-eight  dollars; 

White  River  National  Forest,  Colorado,  twelve  thousand  one 
hundred  and  twelve  dollars; 

Whitman  National  Forest,  Oregon,  sixteen  thousand  four  hundred 
and  eighty-nine  dollars; 

Wichita  National  Forest,  Oklahoma,  six  thousand  four  hundred 
and  thirty-six  dollars; 

Wyoming  National  Forest,  Wyoming,  nine  thousand  nine  hundred 
and  ninety-five  dollars; 

Zuni  National  Forest,  New  Mexico  and  Arizona,  three  thousand 
seven  hundred  and  thirty-four  dollars : 

*  *  *  4;  *  *  « 

A  proviso,  here  omitted,  maliing  the  military  reservation  of  Fort  Win- 
gate,  New  Mexico,  a  part  of  the  Zuni  National  Forest,  is  set  forth  ou 
p.  135,  ante. 

Additional  national  forests  to  be  created  under  section  eleven  of 
the  Act  of  March  first,  nineteen  hundred  and  eleven  (Thirty-sixth 
Statutes,  page  nine  hundred  and  sixty-three),  and  lands  under  con- 
tract for  purchase  or  for  the  acquisition  of  which  condemnation  jiro- 
ceedings  have  been  instituted  for  the  purposes  of  said  Act,  thirty-two 
thousand  five  hundred  and  ninety  dollars; 


182  LAWS   APPLICABLE   TO   DEPAETMENT   OF   AGRICULTURE. 

That  the  Secretary  of  Agriculture  is  hereby  directed  and  required 
to  select,  classify,  and  segregate,  as  soon  as  practicable,  all  lands 
within  the  boundaries  of  national  forests  that  may  be  opened  to 
settlement  and  entry  under  the  homestead  laws  applicable  to  the 
national  forests,  and  the  sum  of  twenty-five  thousand  dollars  is 
hereb}'  appropriated  for  the  purposes  aforesaid. 

For  the  expenditure  under  the  direction  of  the  Secretary  of  Agri- 
culture for  survey  and  listing  of  lands  within  forest  reserves  chiefly 
valuable  for  agriculture  and  describing  the  same  by  metes  and  bounds, 
or  otherwise,  as  required  by  the  Act  of  June  eleventh,  nineteen 
hundred  and  six,  and  the  Act  of  March  third,  eighteen  hundred  and 
ninety-nine,  thirty-five  thousand  dollars:  Provided.,  hoivever.,  That 
any  such  survey  and  the  plat  and  field  notes  thereof  paid  for  out  of 
this  appropriation   shall   be   made   by   an   employee   of  the  Forest 

Service  under  the  direction  of  the  United  States  surveyor  general. 
*     *     * 

A  clause,  here  omitted,  of  the  last  proviso  set  forth,  providing  that  no 
land  listed  under  act  June  11.  190G,  c.  3074,  shall  pass  from  the  forest 
until  patent  issues,  is  set  forth  on  p.  139,  ante. 

A  proviso,  here  omitted,  authorizing  the  sale  to  homestead  settlers  and 
farmers  of  mature,  dead,  and  down  timber  in  national  forests,  is  set 
forth  on  p.  92,  ante. 

For  fighting  forest  fires  and  for  other  unforeseen  emergencies,  one 
hundred  and  fifty  thousand  dollars; 

For  the  purchase  and  maintenance  of  necessary  field,  office,  and 
laboratory  supplies,  instruments  and  equipment,  one  hundred  and 
fifty-five  thousand  dollars; 

For  investigations  of  methods  for  wood  distillation  and  for  the  pre- 
servative treatment  of  timber,  for  timber  testing  and  the  testing  of 
such  woods  as  m.ay  require  test  to  ascertain  if  they  be  suitable  for 
making  paper,  and  for  other  investigations  and  experiments  to  pro- 
mote economy  in  the  use  of  forest  products,  one  hundred  and  seventy 
thousand  dollars,  and  the  Secretary  of  Agriculture  shall  investigate 
the  best  methods  of  distillation  of  Douglas  fir  and  other  northwestern 
species  of  fir  and  timber,  and  ascertain  the  yields  of  distillates  of 
various  species,  and  the  refining  and  commercial  use  of  the  distillates; 

For  experiments  and  investigations  of  range  conditions  within 
national  forests,  and  of  methods  for  improving  the  range  by  reseed- 
ing,  regulation  of  grazing,  and  other  means,  twenty  thousand  one 
hundred  and  eighty  dollars; 

For  the  purchase  of  tree  seed,  cones,  and  nursery  stock,  for  seeding 
and  tree  planting  within  national  forests,  and  for  experiments  and 
investigations  necessary  for  such  seeding  and  tree  planting,  one 
hundred  and  sixty-five  thousand  six  hundred  and  forty  dollars: 
Provided.,  That  the  Secretary  of  Agriculture  may  procure  such  seed, 
<;ones,  and  nursery  stock  by  open  purchase  without  advertisements 
for  proposals,  whenever  in  his  discirtion  such  method  is  most 
economical  and  in  the  public  interest,  and  when  tJic  cost  thereof  will 
not  exceed  five  hundred  dollars; 

For  silvicultural,  dendrological,  and  other  experiments  and  investi- 
gations independently  or  in  cooperation  with  other  branches  of  the 
Federal  Government,  with  States  and  with  individuals,  to  determine 
the  best  methods  for  the  conservative  management  of  forests  and 
forest  lands,  eighty-three  thousand  seven  hundred  and  twenty-eight 
dollars; 


FOREST   SERVICE.  183 

For  market  and  other  miscellaneous  forest  investigations,  and  for 
collating,  digesting,  recording,  illustrating,  and  distributing  the 
results  of  the  experiments  and  investigations  herein  provided  for, 
thirty-one  thousand  three  hundred  and  sixty  dollars; 

For  the  construction  and  maintenance  of  roads,  trails,  bridges, 
fire  lanes,  telephone  lines,  cabins,  fences,  and  other  improvements 
necessary  for  the  proper  and  economical  administration,  protection, 
and  development  of  the  national  forests,  four  hundred  thousand 
dollars; 

Provided,  That  no  part  of  the  money  herein  appropriated  shall  be 
used  to  pay  the  transportation  or  traveling  expenses  of  any  forest 
officer  or  agent  except  he  be  traveling  on  businc'^s  directly  connected 
with  the  Forest  Service  and  in  furtherance  of  the  works,  aims,  and 
objects  specified  and  authorized  in  and  by  this  appropriation:  Pro- 
■rided  further,  That  no  part  of  this  appropriation  shall  be  paid  or 
used  for  the  purpose  of  paying  for,  in  whole  or  in  part,  the  prepara- 
tion or  publication  of  any  newspaper  or  magazine  article,  but  this 
shall  not  prevent  the  giving  out  to  all  persons  without  discrimina- 
tion, including  newspaper  and  magazine  writers  and  publishers,  of 
any  facts  or  official  information  of  value  to  the  public. 

That  an  additional  ten  per  centum  of  all  moneys  received  from  the 
national  forests  during  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  twelve,  shall  be  available  at  the  end  thereof,  to  be 
expended  by  the  Secretary  of  Agriculture  for  the  construction  and 
maintenance  of  roads  and  trails  within  the  national  forests  in  the 
States  from  which  such  proceeds  are  derived;  but  the  Secretary  of 
Agriculture  may,  whenever  practicable,  in  the  construction  and  main- 
tenance of  such  roads,  secure  the  cooperation  or  aid  of  the  proper 
State  or  Territorial  authorities  in  the  furtherance  of  any  system  of 
highways  of  which  such  roads  may  be  made  a  part. 

In  all.  for  general  expenses,  three  million  one  hundred  and  seven 
thousand  two  hundred  and  eighty-five  dollars. 

Not  to  exceed  fifteen  per  centum  of  the  total  of  all  sums  appropri- 
ated under  "  (leneral  expenses,  Forest  Service,"  may  be  used  in  the 
discretion  of  the  Secretary  of  Agriculture  as  provided  above  under 
general  expenses  for  Forest  Service  for  all  expenses  necessary  for  the 
general  administration  of  the  Forest  Service'. 

Total  for  Forest  Service,  five  million  three  hundred  and  forty- 
three  thousand  and  forty-five  dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  279. 

4c  4:  «  *  *  *  * 

Fighting  and  prevtenting  forest  fires  in  emergency:  For  fight- 
ing and  preventing  forest  fires  in  cases  of  extraordinary  emergency, 
two  hundred  thousand  dollars,  or  so  much  therof  as  may  be  necessary. 

Act  August  10,  1912,  c.  284.  37  St.it.  300. 

These  :ire  provisious  of  the  agi'icultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 
If  *  if  '^  *  *  * 

A  provision,  here  omitterl,  approririating  and  makinf;  available  until 
expended  so  much  of  the  maximum  sums  mentioned  in  act  March  1,  1911, 
c.  1S6.  s.  3.  for  the  fiscal  years  1912  to  1915.  inclusive,  as  shall  remain 
unexpended  at  the  close  of  each  of  said  fiscal  years,  is  set  forth  on  p.  102, 
ante. 


184         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

BUREAU  OF  CHEMISTRY. 

ACT  JUNE  3,  1902,  c.  985.     (32  Stat.  286.) 

Establishment  of  bureau. 

All  existing  statutes  relating  to  the  Division  of  Chemistry,  reorgan- 
ized into  the  Bureau  of  Chemistry,  not  otherwise  repealed,  are  continued 
in  effect  as  applying  to  Siiid  bureau,  by  a  proviso  annexed  to  the  agri- 
cultural appropriation  act  for  the  fiscal  year  1903,  cited  above,  set  forth 
on  p.  11,  ante. 

ACT  MARCH  2,  1901,  c.  805.      (31  Stat.  922.) 
Chief  of  bureau. 

*     *     *     One  chemist,  who  shall  be  chief  of  bureau,     *     *     *. 

Act  ilarch  2,  1901,  c.  805,  31  Stat.  930. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1902,  cited  above.  Provisions  in  the  same  words  are  contained  iu 
the  similar  acts  for  subsequent  fiscal  years.  The  provision  in  the  act  for 
the  fiscal  year  1913  is  set  forth  on  p.  195,  post.  Previous  to  the  reor- 
ganization of  the  Division  of  Chemistry  into  the  Bureau  of  Chemistry,  by 
a  provision  of  act  June  3,  1902,  c.  985,  set  forth  on  p.  11,  ante,  the  agri- 
cultural appropriation  acts,  for  the  fiscal  years  1896  to  1901.  inclusive, 
contained  provisions  for  "  One  chemist,  who  shall  be  chief  of  division." 

ACT  AUGUST  30,  1890,  c.  839.      (26  Stat.  414.) 

Importation  of  adulterated  food,  drugs,  or  liquors  prohibited;  penalty. 

Sec.  2.  That  it  shall  be  unlawful  to  import  into  the  United  States 
any  adulterated  or  unwholesome  food  or  drug  or  any  vinous,  spiritu- 
ous or  malt  liquors,  adulterated  or  mixed  with  any  poisonous  or  nox- 
ious chemical  drug  or  other  ingredient  injurious  to  health.  Any  per- 
son who  shall  knowingly  import  into  the  United  States  any  such 
adulterated  food  or  drug,  or  drink,  knowing  or  having  reasons  to  be- 
lieve the  same  to  be  adulterated,  being  the  owner  or  the  agent  of  the 
owner,  or  the  consignor  or  consignee  of  the  owner,  or  in  privity  with 
them,  assisting  in  such  unlawful  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  liable  to  prosecution  therefor  in  the  district  court  of 
the  United  States  for  the  district  into  which  such  property  is  im- 
ported ;  and,  on  conviction,  such  person  shall  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars  for  each  separate  shipment,  and  may 
be  imprisoned  by  the  court  for  a  term  not  exceeding  one  year,  or  bothj 
at  the  discretion  of  the  court. 

Act  August  30,  1S90,  c.  839,  s.  2,  26  Stat.  415. 

Forfeiture  of  imported  adulterated  food,  drugs,  or  liquors;  proceedings;  destruc- 
tion or  exportation  of  imported  goods;  inspection  of  imported  articles. 

Sec.  3.  That  any  article  designed  for  consumption  as  human  food 
or  drink,  and  any  other  article  of  the  classes  or  description  mentioned 
in  this  act,  which  shall  be  imported  into  the  United  States  contrary 
to  its  provisions,  shall  be  forfeited  to  the  United  States,  and  shall  be 
proceeded  against  under  the  provisions  of  chapter  eighteen  of  title 
thirteen  of  the  Revised  Statutes  of  the  United  States;  and  such  im- 
ported property  so  declared  forfeited  may  be  destroyed  or  returned 
to  the  importer  for  exportation  from  the  United  States  after  the  pay- 
ment of  all  costs  and  expenses,  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe;  and  the  Secretary  of  the  Treas- 
ury may  cause  such  imported  articles  to  be  inspected  or  examined  in 


BUREAU    OF   CHEMISTRY.  185 

order  to  ascertain  whether  the  same  have  been  so  unhiwfully  im- 
ported. 

Act  August  30.  1S90,  c.  839.  s.  3,  26  Stat.  415. 

Provisions  for  the  inspection  of  samples  of  imported  foods,  drugs, 
liquors,  etc.,  and  the  disiK)sition  of  adulterated  or  uiisbranded  articles, 
contained  in  the  agricultural  appropriation  acts  for  the  fiscal  year  1907, 
act  June  30,  1906,  c.  3913,  and  in  act  June  30.  1906,  c.  3915,  s.  11,  are  set 
forth  below. 

Suspension  of  importation  of  adulterated  articles. 

Sec.  4.  That  whenever  the  President  is  satisfied  that  there  is  a 
good  reason  to  believe  that  any  importation  is  beinj^j  made,  or  is  about 
to  be  made,  into  the  United  States,  from  any  foreign  country,  of  any 
article  used  for  human  food  or  drink  that  is  adulterated  to  an  ex- 
tent dangerous  to  the  health  or  welfare  of  the  people  of  the  United 
States,  or  any  of  them,  he  may  issue  his  proclamation  suspending 
the  importation  of  such  articles  from  such  country  for  such  period 
of  time  as  he  may  think  necessary  to  prevent  such  importation ;  and 
during  such  period  it  shall  be  tmlawful  to  import  into  the  United 
States  from  the  countries  designated  in  the  proclamation  of  the 
President  any  of  the  articles  importation  of  which  is  so  suspended. 

Act  August  30,  1S90,  c.  839,  s.  4.  26  Stat.  415. 

Suspension  of  importation  from  countries  making  unjust  discriminations. 

Sec.  5.  That  whenever  the  President  shall  be  satisfied  that  un- 
just discriminations  are  made  by  or  under  the  authority  of  any 
foreign  state  against  the  importation  to  or  sale  in  such  foreign  state 
of  any  product  of  the  United  States,  he  may  direct  that  such  prod- 
ucts of  such  foreign  state  so  discriminating  against  any  product  of 
the  United  States  as  he  may  deem  proper  shall  be  excluded  from 
importation  to  the  United  States;  and  in  such  case  he  shall  make 
proclamation  of  his  direction  in  the  premises,  and  therein  name  the 
time  Avhen  such  direction  against  importation  shall  take  effect,  and 
after  such  date  the  importation  of  the  articles  named  in  such  procla- 
mation shall  be  unlawful.  The  President  may  at  any  time  revoke, 
modify,  terminate,  or  renew  any  such  direction  as,  in  his  opinion, 
the  public  interest  may  require. 

Act  August  30.  1S90.  c.  839,  s.  5,  26  Stat.  415. 

These  are  sections  of  "An  act  providing  for  an  inspection  of  meats 
for  exportation,  pi'ohibiting  the  importation  of  adulterated  articles  of 
food  and  drink,  and  authorizing  the  President  to  make  proclamation  in 
certain  cases,  and  for  other  purposes,"  cited  above.  Section  1  of  this 
act,  relating  to  the  inspection  and  certification  of  salted  pork  and  bacon 
for  exportation,  and  sections  G-IO.  relating  to  the  importation,  quaran- 
tine, and  inspection  of  diseased  or  infected  cattle,  etc.,  are  set  forth 
above,  under  "  Bure;ui  of  Animal  Industry." 

Provisions  prohibiting  the  introduction  into  any  State,  etc.,  of  dairy 
or  food  products  niisbranded  as  to  State,  etc.,  of  production,  etc.,  and 
providing  a  penalty  for  violation  thereof,  are  contained  In  act  July  1, 
1902,  c.  1357,  set  forth  below. 

More  comprehensive  provisions  for  preventing  the  manufacture,  sale, 
or  transportation,  as  well  as  the  importation,  of  adulterated  or  mis- 
branded  foods  or  drugs,  etc.,  are  contained  in  act  June  30,  1906,  c.  3915, 
set  forth  below. 

ACT  JUNE  30,  1906,  c.  3913.      (34  Stat.  669.) 

Importation   of  adulterated  food,   drugs,  and  liquors;    inspection  and  analysis 
of  specimens. 
*     *     *     to  investigate  the  composition,  adulteration,  false  labeling, 
or  false  branding  of  foods,  drugs,  beverages,  condiments,  and  in- 


186         LAWS   APPLICABLE   TO   DEPARTMENT   OP   AGRICULTUEE. 

gredients  of  such  articles,  when  deemed  by  the  Secretary  of  Apicul- 
ture advisable,  *  *  *  And  the  Secretary  of  Agriculture,  when- 
ever he  has  reason  to  believe  that  any  articles  are  being  imported 
from  foreign  countries  which  are  dangerous  to  the  health  of  the 
people  of  the  United  States,  or  which  shall  be  falsely  labeled  or 
branded  either  as  to  their  contents  or  as  to  the  place  of  their  manu- 
facture or  production,  shall  make  a  request  upon  the  Secretary  of  the 
Treasury  tor  samples  from  original  packages  of  such  articles  for 
inspection  and  analysis,  and  the  Secretary  of  the  Treasury  is  hereby 
authorized  to  open  such  original  packages  and  deliver  specimens  to 
the  Secretary  of  Agriculture  for  the  purpose  mentioned,  giving 
notice  to  the  owner  or  consignee  of  the  sampling  of  such  articles, 
who  may  be  present  and  have  the  right  to  introduce  testimony  be- 
fore the  Secretary  of  Agriculture,  or  his  representative,  either  in 
person,  or  by  agent,  concerning  the  suitability  of  such  article.:?  for 
entry;  and  the  Secretary  of  the  Treasury  shall  refuse  delivery  to  the 
consignee  of  any  such  goods  which  the  Secretary  of  Agriculture  re- 
ports to  him  have  been  inspected  and  analyzed  and  found  to  be 
dangerous  to  health  or  falsely  labeled  or  branded,  either  as  to  their 
contents  or  as  to  the  place  of  their  manufacture  or  production,  or 
which  are  forbidden  entry  or  to  be  sold,  or  are  restricted  in  sale  in 
the  countries  in  which  they  are  made  or  from  which  they  are  exported. 

Act  June  30,  1906,  c.  3913,  34  Stat.  685. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  3907,  cited  above.  Similar  provisions  are  contained  in  tlie  similar 
appropriation  act  for  the  fiscal  year  1902  and  are  repeated  with  minor 
changes  in  the  acts  for  intervening  fiscal  years. 

Previous  provisions  for  tlie  inspection  of  imported  foods,  drugs,  or 
liquors,  and  the  forfeiture  of  adulterated  or  misbranded  articles,  are 
contained  in  act  August  30,  1890,  c.  839,  s.  1,  set  forth  above.  Subsequent 
provisions  for  the  examination  of  samples  of  imported  foods  and  drugs, 
and  the  disposition  of  adulterated  or  misbranded  articles,  are  contained 
in  act  June  30,  3906,  c.  3915.  set  forth  below,  with  other  comprehensive 
pi'ovisions  of  said  act  for  preventing  the  manufacture,  sale,  or  trans- 
portation, as  well  IS  tbe  importation,  of  adulterated  or  misbranded  foods, 
drugs,  etc. 

ACT  JULY  1,  1902,  c.  1357.  An  act  to  prevent  a  false  branding  or  marking  of 
food  and  dairy  products  as  to  the  State  or  Territory  in  which  they  are 
made  or  produced.     (32  Stat.  032.) 

Introduction  into  any  State  or  Territory,  etc..  from  any  other  State  or  Terri- 
tory, etc..  of  dairy  or  food  products  falsely  labeled  or  branded  as  to  State 
or  Territory  in  which  they  are  made,  produced,  or  grown,  forbidden. 

That  no  person  or  persons,  company  or  corporation,  shall  intro- 
duce into  any  State  or  Territory  of  the  United  States  or  the  District 
of  Columbia  from  any  other  State  or  Territory  of  the  United  States 
or  the  District  of  Columbia,  or  sell  in  the  District  of  Columbia  or 
in  any  Territory  any  dairy  or  food  products  which  shall  be  falsely 
labeled  or  branded  as  to  the  State  or  Territory  in  which  they  are 
made,  produced,  or  grown,  or  cause  or  procure  the  same  to  be  done 
by  others. 

Act  July  1.  1902,  c.  1357.  s.  1,  32  Stat.  632. 
Violation  of  act;  penalty;  jurisdiction  of  prosecutions. 

Sec.  2.  That  if  any  person  or  persons  violate  the  provisions  of  this 
Act,  either  in  person  or  through  another,  he  shall  be  guilty  of  a 


BUREAU    OF   CHEMISTRY.  187 

misdemeanor  and  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  nor  more  than  two  thousand  dollars;  and  that  the  jurisdic- 
tion for  the  prosecution  of  said  misdemeanor  shall  be  within  the  dis- 
trict of  the  United  States  court  in  which  it  is  committed. 

Act  July  1,  in02,  c.  1357.  s.  2,  .32  Stat.  (5.32. 

Previous  provisions  prohiliitiug  the  iuiportatiou  of  adulterated  foods, 
drugs,  or  liquors  and  providing  a  penalty  for  violation  thereo,f,  are  con- 
tained in  net  August  30,  1890,  c.  S39,  s.  1,  set  forth  above. 

More  comprehensive  i)rovisions  for  preventing  the  uianufaeture,  sale, 
and  transportation  or  importation  of  adulterated,  misbranded.  etc.,  foods, 
drugs,  etc.,  or  liquors,  are  contained  in  act  June  30,  1906,  c.  3915,  set  forth 
below. 

ACT  JUNE  30,  1906,  c.  3915.  An  act  for  preventing  the  manufacture,  sale,  or 
transportation  of  adulterated  or  misbranded  or  poisonous  or  deleterious 
foods,  drugs,  medicines,  and  liquors,  and  for  regulating  tratfic  therein, 
and  for  other  purposes.     (34  Stat.  768.) 

Manufacture  of  adulterated  or  misbranded  foods  or  drugs  in  Territories  or 
District  of  Columbia,  unlawful;  violation  of  provisions  a  misdemeanor; 
punishment. 

That  it  shall  be  unlawful  for  any  person  to  manufacture  within 
any  Territory  or  the  District  of  Columbia  any  article  of  food  or 
drug  which  is  adulterated  or  misbranded,  within  the  meaning  of 
this  Act;  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  for  each  offense 
shall,  upon  conviction  thereof,  be  fined  not  to  exceed  five  hundred 
dollars  or  .shall  be  sentenced  to  one  year's  imprisonment,  or  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court,  and  for 
each  subsequent  offense  and  conviction  thereof  shall  be  fined  not  less 
than  one  thousand  dollars  or  sentenced  to  one  year's  imprisonment, 
or  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Act  June  30,  1906.  c.  3915,  s.  1,  34  Stat.  768. 

Interstate  or  foreign  commerce  in  adulterated  or  misbranded  foods  or  drugs 
prohibited;  shipment,  delivery,  etc.,  of  such  articles  a  misdemeanor;  pun- 
ishment;  articles  for  export. 

Sec.  2.  That  the  introduction  into  any  State  or  Territory  or  the 
District  of  Columbia  from  any  other  State  or  Territory  or  the  Dis- 
trict of  Columbia,  or  from  any  foreign  country,  or  shipment  to  any 
foreign  country  of  any  article  of  food  or  drugs  which  is  adulterated 
or  misbranded,  within  the  meaning  of  this  Act,  is  hereby  prohibited; 
and  any  person  who  shall  ship  or  deliver  for  shipment  from  any 
State  or  Territory  or  the  District  of  Columbia  to  any  other  State 
or  Territory  or  the  District  of  Columbia,  or  to  a  foreign  country, 
or  who  shall  receive  in  any  State  or  Territory  or  the  District  of 
Columbia  from  any  other  State  or  Territory  or  the  District  of 
Columbia,  or  foreign  country,  and  having  so  received,  shall  deliver, 
in  original  unbroken  packages,  for  pay  or  otherwise,  or  offer  to 
deliver  to  any  other  person,  any  such  article  so  adulterated  or  mis- 
branded within  the  meaning  of  this  Act,  or  any  person  who  shall 
sell  or  offer  for  sale  in  the  District  of  Columbia  or  the  Territories 
of  the  United  States  any  such  adulterated  or  misbranded  foods  or 
drugs,  or  export  or  offer  to  export  the  same  to  any  foreign  country, 
shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  be  fined  not 
exceeding  two  hundred  dollars  for  the  first  offense,  and  upon  con- 
viction  for  each  subsequent   offense  not   exceeding  three  hundred 


188  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

dollars  or  be  imprisoned  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court:  Provided.,  That  no  article  shall  be  deemed  mis- 
branded  or  adulterated  within  the  provisions  of  this  Act  when  in- 
tended for  export  to  any  foreign  country  arid  prepared  or  packed 
according  to  the  specifications  or  directions  of  the  foreign  purchaser 
when  no  substance  is  used  in  the  preparation  or  packing  thereof  in 
conflict  with  the  laws  of  the  foreign  country  to  which  said  article  is 
intended  to  be  shipped;  but  if  said  article  shall  be  in  fact  sold  or 
offered  for  sale  for  domestic  use  or  consumption,  then  this  proviso 
shall  not  exempt  said  article  from  the  operation  of  any  of  the  other 
provisions  of  this  Act. 

Act  June  30,  190G,  c.  391'),  s.  2.  34  Stat.  7(j>;. 

Previous  provisions  prohibiting  the  introduction  into  any  State  or 
Territory  or  the  District  of  Colunibin,  from  any  other  .State,  etc.,  or  the 
sale  in  the  Distiict  of  Columbia  or  any  Territory,  of  dairy  or  food  prod- 
ucts falsely  labeled  or  branded  as  to  the  State  or  Territory  in  wliich 
they  are  made,  etc.,  and  providing  a  penalty  for  violation  tJtiereof,  are 
contained  in  act  July  1.  1902,  c.  1357,  set  forth  aliove. 

Regulations  for  carrying  out  provisions  of  act;  collection  and  examination  of 
specimens  of  foods  and  drugs. 

Sec.  3.  That  the  Secretary  of  the  Treasury,  the  Secretary  of  Agri- 
culture, and  the  Secretary  of  Commerce  and  Labor  shall  make 
uniform  rules  and  regulations  for  carrying  out  the  provisions  of 
this  Act,  including  the  collection  and  examination  of  specimens  of 
foods  and  drugs  manufactured  or  offered  for  sale  in  the  District  of 
Columbia,  or  in  any  Territory  of  the  United  States,  or  which  shall 
be  offered  for  .sale  in  unbroken  packages  in  any  State  other  than  that 
in  which  they  shall  have  been  respectively  manufactured  or  produced, 
or  which  shall  be  received  from  any  foreign  country,  or  intended  for 
shipment  to  any  foreign  country,  or  which  may  be  submitted  for 
examination  by  the  chief  health,  food,  or  drug  officer  of  any  State, 
Territory,  or  the  District  of  Columbia,  or  at  any  domestic  or  foreign 
port  through  which  such  product  is  offered  for  interstate  commerce, 
or  for  export  or  import  between  the  United  States  and  any  foreign 
port  or  country. 

Act  June  30,  1906,  c.  3915,  s.  3,  34  Stat.  768. 

Making  of  examinations  of  specimens  of  foods  and  drugs;  notice  of  adultera- 
tion or  misbranding  to  party,  and  hearing  thereon;  certification  of  viola- 
tions of  act  to  district  attorneys;  notice  by  publication  of  judgment  of 
court. 

Sec.  4.  That  the  examinations  of  specimens  of  foods  and  drugs 
shall  be  made  in  the  Bureau  of  Chemistry  of  the  Department  of 
Agriculture,  or  under  the  direction  and  supervision  of  such  Bureau, 
for  the  jiurpose  of  determining  from  such  examinations  whether  such 
articles  are  adulterated  or  misbranded  within  the  meaning  of  this 
Act;  and  if  it  shall  appear  from  any  such  examination  that  any  of 
such  specimens  is  adulterated  or  misbranded  within  the  meaning  of 
this  Act,  the  Secretary  of  Agriculture  shall  cause  notice  thereof  to  be 
given  to  the  party  from  whom  such  sauiple  was  obtained.  Any  party 
so  notified  shall  be  given  an  opportunity  to  be  heard,  under  such 
rules  and  regulations  as  may  be  prescribed  as  aforesaid,  and  if  it 
appears  that  any  of  the  provisions  of  this  Act  have  been  violated  by 
such  party,  then  the  Secretary  of  Agriculture  shall  at  once  certify 


BUREAU   OF   CHEMISTRY.  189 

the  facts  to  the  proper  United  States  district  attorney,  with  a  copy 
of  the  results  of  the  analysis  or  the  examination  of  such  article  duly 
authenticated  by  the  anah'st  or  officer  niakin<i;  such  examination, 
under  the  oath  of  such  officer.  After  judgment  of  the  court^  notice 
shall  be  given  by  publication  in  such  manner  as  may  be  prescribed  by 
the  rules  and  regulations  aforesaid. 

Act  June  30,  1906.  c.  3915,  s.  4,  34  Stat.  769. 
Duty  of  district  attorneys  to  prosecute  for  violations  of  act. 

Sec.  5.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom 
the  Secretary  of  Agriculture  shall  report  any  violation  of  this  Act, 
or  to  whom  any  health  or  food  or  drug  officer  or  agent  of  any  State, 
Territory,  or  the  District  of  Columbia  shall  present  satisfactory  evi- 
dence of  any  such  violation,  to  cause  appropriate  proceedings  to  be 
commenced  and  prosecuted  in  the  proper  courts  of  the  United  States, 
without  delay,  for  the  enforcement  of  the  penalties  as  in  such  case 
herein  provided. 

Act  June  30,  1906,  e.  3915.  s.  5.  34  Stfit.  769. 
Definition  of  terms  "  drug  "  and  "  food  "  as  used  in  act. 

Sec.  6,  That  the  term  "  drug,"  as  used  in  this  Act,  shall  include 
all  medicines  and  preparations  recognized  in  the  United  States  Phar- 
macop(eia  or  National  Formulary  for  internal  or  external  use,  and 
any  substance  or  mixture  of  substances  intended  to  be  used  for  the 
cure,  mitigation,  or  prevention  of  disease  of  either  man  or  other 
animals.  The  term  "  food,"  as  used  herein,  shall  include  all  articles 
used  for  food,  drink,  confectionery,  or  condiment  by  man  or  other 
animals,  whether  simple,  mixed,  or  compound. 

Act  June  30,  1906,  c.  3915,  s.  6,  34  Stat.  769. 
Articles  deemed  adulterated. 

Sec.  7.  That  for  the  purposes  of  this  Act  an  article  shall  be  deemed 
to  be  adulterated : 

Drugs. 

In  case  of  drugs: 

Difference  from  recognized  standard;  statement  on  bottle,  box,  etc.,  as  to  differ- 
ent standard. 

First.  If,  when  a  drug  is  sold  under  or  by  a  name  recognized  in 
the  United  States  Pharmacopoeia  or  National  Formulary,  it  differs 
from  the  standard  of  strength,  qiiality,  or  purity,  as  determined  by 
the  test  laid  down  in  the  United  States  Pharmacopoeia  or  National 
Formulary  official  at  the  time  of  investigation:  Provided,  That  no 
drug  defined  in  the  United  States  Phannacopoeia  or  National  Formu- 
lary shall  be  deemed  to  be  adulterated  under  this  provision  if  the 
standard  of  strength,  quality,  or  purity  be  plainly  stated  upon  the 
bottle,  box,  or  other  container  thereof  although  the  standard  may 
differ  from  that  determined  by  the  test  laid  down  in  the  United  States 
Pharmacopoeia  or  National  Formulary, 

Below  professed  standard. 

Second.  If  its  strength  or  purity  fall  below  the  professed  standard 
or  quality  under  which  it  is  sold. 


190         LAWS   APPLICABLE   TO   DEPAKTMENT   OF   AGKICULTURE. 

Confectionery. 

In  the  case  of  confectionery : 

Mineral  substances,  poisonous  color  or  flavors,  other  deleterious,  etc.,  ingredi- 
ents, liquors,  etc.,  or  narcotic  drugs. 

If  it  contain  terra  alba,  barj^tes,  talc,  chrome  yellow,  or  other  min- 
eral substance  or  poisonous  color  or  flavor,  or  other  ingredient  dele- 
terious or  detrimental  to  health,  or  any  vinous,  malt  or  spirituous 
liquor  or  compound  or  narcotic  drug. 

Food. 

In  the  case  of  food : 

Injurious  mixtures.  * 

First.  If  any  substance  has  been  mixed  and  packed  with  it  so  as 
to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength. 

Substitutes. 

Second.  If  any  substance  has  been  substituted  wholly  or  in  part 
for  the  article. 

Valuable  constituents  abstracted. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly 
or  in  part  abstracted. 

Damage  or  inferiority  concealed. 

Fourth.  If  it  be  mixed,  colored,  powdered,  coated,  or  stained  in  a 
manner  whereby  damage  or  inferiority  is  concealed. 

Poisonous  or  other  deleterious  ingredients  added;  preservatives  of  food  products 
for  shipment,  necessarily  removed  when  products  ready  for  consumption. 

Fifth.  If  it  contain  anj^  added  poisonous  or  other  added  deleterious 
ingredient  which  may  render  such  article  injurious  to  health:  Pro- 
vided, That  when  in  the  preparation  of  food  products  for  shipment 
they  are  preserved  by  any  external  application  applied  in  such  man- 
ner that  the  preservative  is  necessarily  removed  mechanically,  or  by 
maceration  in  water,  or  otherwise,  and  directions  for  the  removal 
of  said  preservative  shall  be  printed  on  the  covering  or  the  package, 
the  provisions  of  this  Act  shall  be  construed  as  applying  only  when 
said  products  are  ready  for  consumption. 

Filthy,   etc.,   substances,  portions   of   animals   unfit   for   food,   and    products   of 
animals  diseased  or  having  died  otherwise  than  by  slaughter. 

Sixth.  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed,  or 
putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal 
unlit  for  food,  whether  manufactured  or  not,  or  if  it  is  the  product 
of  a  diseased  animal,  or  one  that  has  died  otherwise  than  by  slaughter. 

Act  June  30.  liWG.  c.  3015.  s.  7,  34  Stat.  7G9. 

Definition  of  term  "  misbranded  "  as  used  in  act. 

Sec.  8,  That  the  term  ''  misbranded,"  as  used  herein,  shall  apply 
to  all  drugs,  or  articles  of  food,  or  articles  which  enter  into  the  com- 
position of  food,  the  package  or  label  of  whicli  shall  bear  aiiv  state- 
ment, design,  or  device  regarding  sucli  article,  or  the  ingredients  or 
substances  contained  therein  which  shall  be  false  or  misleading  in 
any  particular,  and  to  any  food  or  drug  product  which  is  falsely 
branded  as  to  the  State,  Territory,  or  country  in  which  it  is  manu- 
factured or  produced. 


BUREAU    OF   CHEMISTRY.  191 

That  for  the  purposes  of  this  Act  an  article  shall  also  be  deemed  to 
be  misbranded: 

Drues. 

In  case  of  drugs: 

Imitation  or  use  of  name  of  other  article. 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  name  of 
another  article. 

Removal  and  substitution  of  contents  of  package,  or  failure  to  state  on  label 
quantity  or  proportion  of  alcohol,  morphine,  etc.,  or  other  narcotics  con- 
tained therein. 

Second.  If  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  fail  to  bear  a  state- 
ment on  the  label  of  the  quantity  or  proportion  of  any  alcohol,  mor- 
phine, opium,  cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform, 
cannabis  indica,  chloral  hydrate,  or  acetanilide,  or  any  derivative  or 
preparation  of  any  such  substances  contained  therein. 

False  and  fraudulent  statement,  etc.,  as  to  curative  or  therapeutic  properties. 

Third.  If  its  package  or  label  shall  bear  or  contain  any  statement, 
design,  or  device  regarding  the  curative  or  theraupetic  effect  of  such 
article  or  any  of  the  ingredients  or  substances  contained  therein, 
which  is  false  and  fraudulent. 

Foods. 

In  case  of  food: 

Imitation  or  use  of  name  of  other  article. 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinc- 
tive name  of  another  article. 

False  label  or  brand,  etc.,  removal  and  substitution  of  contents  of  package,  or 
failure  to  state  on  label  quantity  or  proportion  of  moi"phine  or  other  nar- 
cotics, etc.,  contained  therein. 

Second.  If  it  be  labeled  or  branded  so  as  to  deceive  or  mislead  the 
purchaser,  or  purport  to  be  a  foreign  product  when  not  so,  or  if  the 
contents  of  the  package  as  originally  put  up  shall  have  been  removed 
in  whole  or  in  part  and  other  contents  shall  have  been  placed  in  such 
package,  or  if  it  fail  to  bear  a  statement  on  the  label  of  the  quantity 
or  proportion  of  an}'  morphine,  opium,  cocaine,  heroin,  alpha  or  beta 
eucane,  chloroform,  cannabis  indica,  chloral  hydrate,  or  acetanilide, 
or  any  derivative  or  preparation  of  any  of  such  substances  contained 
therein. 

Incorrect  statement  on  package  of  weight  or  measure  of  contents. 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package. 

False  or  misleading  statements,  etc..  on  package  or  its  label  as  to  ingredients 
or  substances  contained  therein;  proviso  as  to  certain  mixtures  and  com- 
pounds not  containing  added  poisonous  or  deleterious  ingredients. 

Fourth.  If  the  package  containing  it  or  its  label  shall  bear  any 
statement,  design,  or  device  regarding  the  ingredients  or  the  sub- 
stances contained  therein,  which  statement,  design,  or  device  shall  be 
false  or  misleading  in  any  particular:  Provided^  That  an  article  of 


192  LAWS   APPLICABLE   TO   DEPAKTMENT   OF  AGEICULTUEE. 

food  which  does  not  contain  any  added  poisonous  or  deleterious  in- 
gredients shall  not  be  deemed  to  be  adulterated  or  misbranded  in 
the  following  cases: 

Mixtures  or  compounds  under  distinctive  names. 

First.  In  the  case  of  mixtures  or  compounds  which  may  be  now 
or  from  time  to  time  hereafter  known  as  articles  of  food,  under  their 
own  distinctive  names,  and  not  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article,  if  the  name  be  accom- 
panied on  the  same  label  or  brand  with  a  statement  of  the  place  where 
said  article  has  been  manufactured  or  produced. 

Articles  labeled,  branded,  etc.,  as  compounds,  imitations,  or  blends;  construction 
of  term  "blend";  exemption  from  disclosure  of  trade  formulas  of  pro- 
prietary foods. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged  so  as  to 
plainly  indicate  that  thev  are  compounds,  imitations,  or  blends,  and 
the  word  "  compound,"  imitation,"  or  "  blend,"  as  the  case  may  be, 
is  plainly  stated  on  the  package  in  which  it  is  offered  for  sale:  Pro- 
vided^ That  the  term  blend  as  used  herein  shall  be  construed  to  mean 
a  mixture  of  like  substances,  not  excluding  harmless  coloring  or 
flavoring  ingredients  used  for  the  purpose  or  coloring  and  flavoring 
only:  And  'provided  further^  That  nothing  in  this  Act  shall  be  con- 
strued as  requiring  or  compelling  proprietors  or  manufacturers  of 
proprietary  roods  which  contain  no  unwholesome  added  ingredient 
to  disclose  their  trade  formulas,  except  in  so  far  as  the  provisions  of 
this  Act  may  require  to  secure  freedom  from  adulteration  or  mis- 
branding. 

Act  June  30,  190G.  c.  r>Oir».  s.  8,  34  Stat.  770.  as  nmended  by  "An  act 
to  amend  section  eiglit  of  the  food  and  drugs  act  approved  June  thirtieth, 
nineteen  hundred  and  six."  act  August  23,  1912,  c.  352,  37  Stat.  416.  The 
section  is  amended  by  the  act  cited,  to  read  as  above,  by  adding  to  that 
part  defining  what  shall  be  misbranding  in  the  case  of  drugs,  the  third 
paragraph,  reliiting  to  false  and  fraudulent  statements,  etc.,  aa  to  curative 
or  therapeutic  properties. 

Guaranty  signed  by  wholesaler,  jobber,  manufacturer,  etc.,  as  protection  to 
dealer  from  prosecution  iinder  provisions  of  act. 

Skc.  9.  That  no  dealer  shall  be  prosecuted  under  the  provisions 
of  this  Act  when  he  can  establish  a  guaranty  signed  by  the  whole- 
saler, jobber,  manufacturer,  or  other  party  residing  in  the  United 
States,  from  whom  he  purchases  such  articles,  to  the  effect  that  the 
same  is  not  adulterated  or  misbranded  within  the  meaning  of  this 
Act,  designating  it.  Said  guaranty,  to  afford  protection,  shall  con- 
tain the  name  and  address  of  the  party  or  parties  making  the  sale  of 
such  articles  to  such  dealer,  and  in  such  case  said  party  or  parties 
shall  })e  amenable  to  the  prosecutions,  fines,  and  other  i)enalties  which 
would  attach,  in  due  course,  to  the  dealer  under  tho  provisions  of 
this  Act. 

Act  June  .30,  1906.  c.  3915,  8.  9,  34  Stat.  771. 

Seizure  of  articles  adulterated  or  misbranded  within  act,  in  interstate  or  foreign 
commerce,  etc.,  for  condemnation;  disposition  of  articles  condemned  and  of 
proceeds  thereof;  delivery  to  owner  on  bond,  etc.;  proceedings  for  seizure 
and  condemnation. 

Skc.  10.  That  any  article  of  food,  drug,  or  liquor  that  is  adulter- 
ated or  misbranded  within  the  meaning  of  this  Act.  and  is  being 


BUREAU    OF   CHEMISTRY.  193 

transported  from  one  State,  Territory,  District,  or  insular  possession 
to  another  for  sale,  or,  having  been  transported,  remains  unloaded, 
unsold,  or  in  orifjinal  unbroken  paekafres,  or  if  it  be  sold  or  otfered 
for  sale  in  the  District  of  Columbia  or  the  Territories,  or  insular  pos- 
sessions of  the  United  States,  or  if  it  be  imported  from  a  forei^jii 
country  for  sale,  or  if  it  is  intended  for  export  to  a  foreign  country, 
shall  be  liable  to  be  proceeded  apiinst  in  any  district  court  of  the 
United  States  within  the  district  where  the  same  is  found,  and  seized 
for  confiscation  by  a  process  of  libel  for  condemnation.  And  if  such 
article  is  condemned  as  being  adulterated  or  misbranded,  or  of  a 
poisonous  or  deleterious  character,  within  the  meaning  of  this  Act, 
the  same  shall  l)e  disposed  of  by  destruction  or  sale,  as  the  said  court 
may  direct,  and  the  proceeds  thereof,  if  sold,  less  the  legal  costs  and 
charges,  shall  be  paid  into  the  Treasury  of  the  United  States,  but 
such  goods  shall  not  be  sold  in  any  jurisdiction  contrary  to  the  pro- 
visions of  this  Act  or  the  laws  of  that  jurisdiction:  Provided^  how- 
ever^ That  upon  the  payment  of  the  costs  of  such  libel  proceedings 
and  the  execution  and  deliver}'  of  a  good  and  sufficient  bond  to  the 
effect  that  such  articles  shall  not  be  sold  or  otherwise  disposed  of 
contrary  to  the  provisions  of  this  Act.  or  the  laws  of  any  State,  Ter- 
ritory, District,  or  insular  possession,  the  court  may  by  order  direct 
that  such  articles  be  delivered  to  the  owner  thereof.  The  proceed- 
ings of  such  libel  cases  shall  conform,  as  near  as  mav  be.  to  the 
proceedings  in  admiralty,  except  that  either  party  may  demand 
trial  by  jury  of  any  issue  of  fact  joined  in  any  such  case,  and  all 
such  proceedings  shall  be  at  the  suit  of  and  in  the  name  of  the 
United  States. 

Act  June  30.  100(1.  o.  ?,'^^-^.  s.  10.  ;J4  Stat.  771. 

Examination  of  samples  of  foods  and  drugs  imported,  etc.,  on  notice  to  owner 
or  consignee;  refusal  of  admission  and  delivery  to  consignee  of  articles 
adulterated  or  misbranded,  or  dangerous  to  health,  or  forbidden  entry  or 
sale  or  restricted  in  sale  in  the  country  where  made,  etc.;  delivery  of  goods 
to  consignee  pending  examination  and  decision  on  bond,  etc.;  charges  for 
storage,  etc..  on  goods  refused  admission,  and  lien  therefor  against  subse- 
quent importation. 

Sec.  11.  The  Secretary  of  the  Treasun'  shall  deliver  to  the  Secre- 
tary  of  Agriculture,  upon  his  request  from  time  to  time,  samples  of 
foods  and  drugs  which  are  being  imported  into  the  United  States  or 
offered  for  import,  giving  notice  thereof  to  the  owner  or  consignee, 
who  may  appear  before  the  Secretary  of  Agriculture,  and  have  the 
right  to  introduce  testimony,  and  if  it  appear  from  the  examination 
of  such  samples  that  any  article  of  food  or  drug  offered  to  be  im- 
ported into  the  United  States  is  adulterated  or  misbranded  within  the 
meaning  of  this  Act,  or  is  otherwise  dangerous  to  the  health  of  the 
people  of  the  United  States,  or  is  of  a  kind  forbidden  entry  into,  or 
forbidden  to  be  sold  or  restricted  in  sale  in  the  country  in  which  it  is 
made  or  from  which  it  is  exported,  or  is  otherwise  falsely  labeled 
in  any  respect,  the  said  article  shall  be  refused  admission,  and  the 
SecretaiT  of  the  Treasury  shall  refuse  delivery  to  the  consignee  and 
shall  cause  the  destruction  of  any  goods  refused  delivery  which  shall 
not  be  exported  by  the  consignee  within  three  months  from  the  date 
of  notice  of  such  refusal  under  such  regulations  as  the  Secretary  of 
the  Treasiir}'^  may  prescribe :  Provided^  That  the  Secretary  of  the 

716.^7—13 13 


194         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

Treasui-y  may  deliver  to  the  consignee  such  goods  pending  examina- 
tion and  decision  in  the  matter  on  execution  of  a  penal  bond  for  the 
amount  of  the  full  invoice  value  of  such  goods,  together  with  the 
duty  thereon,  and  on  refusal  to  return  such  goods  for  any  cause  to 
the  custody  of  the  Secretary  of  the  Treasury,  when  demanded,  for 
the  purpose  of  excluding  them  from  the  country,  or  for  any  other 
purpose,  said  consignee  shall  forfeit  the  full  amount  of  the  bond: 
And  provided  further^  That  all  charges  for  storage,  cartage,  and 
labor  on  goods  which  arc  refused  admission  or  delivery  shall  be  paid 
by  the  owner  or  consignee,  and  in  default  of  such  payment  shall  con- 
stitute a  lien  against  any  future  importation  made  by  such  owner  or 
consignee. 

Act  June  30,  1906,  c.  3915,  s.  11.  34  Stat  772. 

Previous  provisions  somewhat  similar  to  those  of  this  section  accom- 
panied appropriations  for  the  Bureau  of  Chemistry  in  the  annual  agri- 
cultural appropriation  acts  for  the  fiscal  year  1907  and  previous  fiscal 
years,  but  are  omittetl  from  the  acts  for  subsequent  years.  The  pro- 
visions of  the  act  for  the  fiscal  year  1907,  act  June  30,  190G,  c.  3913,  are 
set  forth  on  p.  185,  ante. 

Term  "Territory"  in  act  to  include  insular  possessions;  construction  of  word 
"person"  in  act;  liability  of  corporations,  etc.,  for  acts,  omissions,  etc.,  of 
officers,  agents,  employees,  etc. 

Sec.  12.  That  the  term  "  Territory  "  as  used  in  this  Act  shall  in- 
clude the  insular  possessions  of  the  United  States,  The  word  "  per- 
son "  as  used  in  this  Act  shall  be  construed  to  import  both  the  plural 
and  the  singular,  as  the  case  demands,  and  shall  include  corporations, 
companies,  societies  and  associations.  AVhen  construing  and  enforc- 
ing the  provisions  of  this  Act,  the  act,  omission,  or  failure  of  any 
officer,  agent,  or  other  person  acting  for  or  employed  by  any  corpora- 
tion, compan}',.  society,  or  association,  within  the  scope  of  his  em- 
ployment or  office,  shall  in  every  case  be  also  deemed  to  be  the  act, 
omission,  or  failure  of  such  corporation,  company,  society,  or  asso- 
ciation as  well  as  that  of  the  person. 

Act  June  30,  1906,  c.  3915,  s.  12.  34  Stat.  772. 
Time  of  taking  effect  of  act. 

Sec.  13.  That  this  Act  shall  be  in  force  and  effect  from  and  after 
the  first  day  of  January,  nineteen  hundred  and  seven. 

Act  June  30,  190G.  c.  3915.  s.  13,  34  Stat.  772. 

Annual  ai>proi»riations  for  all  exjjenses  necessary  to  carry  into  effect 
the  provisions  of  this  act  arc  madp  in  the  ajiricultural  appropriation  acts 
for  the  fiscal  year  1SX)S  and  thereafter.  The  provision  of  the  act  for  the 
fiscal  year  1913  Is  set  forth  on  p.  196,  post. 

ACT  MAY  23,  1908,  c.  192.      (35  Stat.  251.) 

Report  to  Congress  of  payments  to  State,  county,  or  municipal  ofllicers,  etc. 

*  *  *  That  hereafter  any  sum  used  for  compensation  of  or  pay- 
ment of  exi^enses  to  any  oHicor  or  otlier  person  employed  by  any  State, 
county,  or  municipal  government,  shall  he  reported  to  Congress  in 
detail,  on  the  first  Monday  of  December  of  each  year. 

Act  May  23,  190S.  c.  192,  35  Stat.  261. 

This  is  a  i>roviso  annexed  to  :ii>I>roi)ria1i()ns  fur  "(Jeneral  expenses, 
Bureau  of  Chemistry,"  in  the  asrieultural  api)ropriation  act.  for  the 
fiscal  year  1909,  cited  above.  A  similar  proviso,  without  the  word 
"hereafter,"  accompanied  the  appropriations  for  the  purposes  mentioned 
in  thf  similar  appropriation  act  for  the  preceding  fiscal  year. 


BUREAU   OF   CHEMISTRY.  195 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Blreau  of  Chf-.mistry:  One  chemist,  who  shall  be  chief 
of  bureau,  five  thousand  dollars;  one  chief  clerk,  two  thousand  dol- 
lars; one  executive  clerk,  two  thousand  dollars;  five  clerks,  class 
four;  se\en  clerk,  class  three;  one  clerk,  one  thousand  four  hundred 
and  forty  dollars;  twelve  clerks,  class  two;  one  clerk,  one  thousand 
three  hundred  dollars;  eighteen  clerks,  class  one;  thirteen  clerks,  at 
one  thousand  and  twenty  dollars  each ;  eleven  clerks,  at  one  thousand 
dollars  each;  eighteen  clerks,  at  nine  hundred  dollars  each;  one 
clerk,  eight  hundred  and  forty  dollars;  one  assistant  property  cus- 
todian, nine  hundred  dollars;  one  chief  food  and  drug  inspector, 
three  thousand  dollars;  one  food  and  drug  inspector,  two  thousand 
two  hundred  and  fifty  dollars;  nine  food  and  drug  inspectors,  at  two 
thousand  dollars  each;  thirteen  food  and  drug  inspectors,  at  one  thou- 
sand eight  hundred  dollars  each;  one  food  and  drug  inspector,  one 
thousand  six  hundred  and  twenty  dollars;  eleven  food  and  drug  in- 
spectors, at  one  thousand  six  hundred  dollars  each;  eight  food  and 
drug  inspectors,  at  one  thousand  four  hundred  dollars  each ;  two 
laboratory  helpei-s,  at  one  thousand  two  hundred  dollars  each;  one 
laboratory  helper,  one  thousand  and  twenty  dollars;  four  laboratory 
helpers,  at  one  thousand  dollars  each;  four  laboratory  helpers,  at 
nine  hundred  and  sixty  dollars  each;  two  laboratory  helpers,  at 
jiine  hundred  dollars  each;  six  laboratory  helpers,  at  eight  hundred 
and  forty  dollars  each;  two  laboratory''  helpers,  at  seven  hundred 
and  eighty  dollars  each ;  twenty  laboratory  helpers,  messengers,  or 
laborers,  at  seven  hundred  and  twenty  dollars  each;  two  laboratory 
helpers,  messengers,  or  laborers,  at  six  hundred  and  sixty  dollars 
each;  twenty-four  laboratory  helpers,  messengers,  or  laborers,  at 
six  hundred  dollars  each;  one  laboratory  assistant,  one  thousand 
two  hundred  dollars;  one  tool  maker,  one  thousand  two  hundred 
dollars;  one  janitor,  one  thousand  and  twenty  dollars;  one  student 
assistant,  three  hundred  dollars;  two  messengers,  at  eight  hundred 
and  forty  dollars  each;  one  skilled  laborer,  one  thousand  and  fifty 
dollars;  one  skilled  laborer,  eight  hundred  and  forty  dollars;  two 
messenger  boys  or  laborers,  at  five  hundred  and  forty  dollars  each; 
eight  messenger  boys  or  laborers,  at  four  hundred  and  eighty  dollars 
each ;  three  messenger  bo3-s  or  laborers,  at  four  hundred  and  twenty 
dollars  each ;  one  messenger  boy  or  laborer,  three  hundred  and  sixty 
dollars;  six  charwomen,  at  two  hundred  and  forty  dollars  each;  in 
all.  two  hundred  and  fiftj'-four  thousand  six  hundred  and  sixty 
dollars. 

General  expenses.  Bureau  of  Chei^iistry  :  For  necessary  expenses 
in  conducting  the  investigations  contemplated  by  the  Act  of  May 
fifteenth,  eighteen  hundred  and  sixty-two,  relating  to  the  application 
of  chemistry  to  agriculture,  and  to  continue  collaboration  with  otlier 
departments  of  the  Government  desiring  chemical  investigations  and 
whose  heads  request  the  Secretary  of  Agriculture  for  such  assistance, 
and  for  other  miscellaneous  work,  as  follows: 

For  chemical  apparatus,  chemicals  and  supplies,  repairs  to  appa- 
ratus, gas,  electric  current,  official  traveling  expenses,  telegraph  and 
telephone  service,  express  and  freight  charges,  thirty  thousand 
dollars; 

For  the  employment  of  such  assistants,  clerks,  and  other  persons  as 
the  Secretary  of  Agriculture  may  consider  necessary  for  the  purposes 


196         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

named,  in  the  city  of  Washington  and  elsewhere,  in  conducting  in- 
vestigations, collating  and  reporting  the  results  of  such  investigations, 
and  for  the  rent  of  buildings  outside  of  the  District  of  Columbia, 
fifty-five  thousand  dollars; 

l^or  investigating  the  character  of  the  chemical  and  physical  tests 
which  are  applied  to  American  food  products  in  foreign  countries,  and 
for  inspecting  the  same  before  shipment  when  desired  by  the  shippers 
or  owners  of  these  products  intended  for  countries  where  chemical  and 
physical  tests  are  required  before  the  said  products  are  allowed  to  be 
sold  therein,  and  for  all  necessary  expenses  in  connection  w^th  such 
inspection  and  studies  of  methods  of  analysis  in  foreign  countries, 
four  thousand  two  hundred  and  eighty  dollars; 

In  all,  for  general  expenses,  eighty-nine  thousand  two  hundred  and 
eighty  dollars. 

Enforcement  of  the  food  and  DRiros  Act:  For  enabling  the  Secre- 
tar}^  of  Agriculture  to  carry  into  effect  the  provisions  of  the  Act  of 
June  thirtieth,  nineteen  hundred  and  six,  entitled  "An  Act  for  pre- 
venting the  manufacture,  sale,  or  transportation  of  adulterated,  or 
misbranded,  or  poisonous,  or  deleterious  foods,  drugs,  medicines,  and 
liquors,  and  for  regulating  traffic  therein,  and  for  other  j^urposes,"  in 
the  cit}^  of  Washington  and  elsewhere,  including  chemical  apparatus, 
chemicals  and  supplies,  repairs  to  apparatus,  gas,  electric  current, 
official  traveling  expenses,  telegi-aph  and  telephone  service,  express 
and  freight  charges,  and  all  other  expenses,  employing  such  assistants,* 
clerks,  and  other  persons  as  may  be  considered  necessary  for  the  pur- 
poses named,  and  rent  outside  of  the  District  of  Columbia,  six  hun- 
dred and  twenty-five  thousand  dollars. 

Total  for  Bureau  of  Chemistry,  nine  hundred  and  sixty-eight  thou- 
sand nine  hundred  and  forty  dollars. 

Act  August  10,  1912.  c.  284,  37  Stat.  288. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

BUREAU   OF   SOILS. 

ACT  JUNE  3.  1902,  c.  985.      (32  Stat.  286.)  •» 

Establishment  of  bureau. 

All  oxisting  statutes  relating  to  the  Division  of  Soils,  reorganized  into 
the  Bureau  of  Soils,  not  otherwi.<<e  repealed,  are  continued  in  effect  as 
applying  to  the  said  bureau,  by  a  proviso  annexed  to  the  agricultural 
appropriation  act  for  the  fiscal  year  1903.  cite<l  above,  set  forth  on  p.  11. 
ante. 

ACT  MARCH  2,  1901,  c.  805.      (31  Stat.  922.) 
Chief  of  bureau. 

*     *     *     One  soil  physicist  who  shall  be  Chief  of  Bureau.     *     *     * 

Act  March  2,  1901,  c.  805,  31  Stat.  931. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1902,  clte<i  above.  Provisions  in  the  same  words  are  contained  In 
Ihe  similar  acts  for  sub.^equent  fiscal  years.  The  provision  iu  the  act 
for  (he  fiscal  year  1013  is  set  forth  below. 

ACT  AUGUST  10,  1912.  c.  284.      (37  Stat.  269.) 

S.\L.\inEs,  BiRE.M'  OF  SoiLs :  One  soil  physicist,  who  shall  be  chief 
of  bureau,  four  thousand  dollars;  one  chie^  clerk,  two  thousand  dol- 


BUREAU   OF   SOILS.  197 

lars;  one  exocutive  assistant,  two  thousand  dollars;  three  clerks,  class 
four;  two  clerks,  class  three;  three  clerks,  class  two;  one  clerk,  one 
thousand  two  hundred  and  sixty  dollars;  eight  clerks,  class  one;  four 
clerks,  at  one  thousand  dollars  each;  three  clerks,  at  nine  hundred 
dollars  each;  one  soil  carto<;rapher,  one  thousand  ei";ht  hundred  dol- 
lars; one  soil  bibliographer,  one  thousand  four  hundred  dollars;  one 
photographer,  one  thousand  two  hundred  dollars;  three  draftsmen, 
at  one  thousand  two  hundred  dollars  each;  one  draftsman,  one  thou- 
sand dollars;  one  messenger,  eight  hundred  and  forty  dollars;  two 
messengers,  messenger  boys,  or  laborers,  at  four  hundred  and  eighty 
dollars  each ;  one  laborer,  six  hundred  dollars ;  one  laborer,  three 
hundred  dollars;  one  charwoman  or  laboi-er,  four  hundred  and  eighty 
dollars;  in  all,  fifty  thousand  five  hundred  and  forty  dollars. 

Ge>;eil:\l  expenses,  Bureau  of  Soils:  For  all  necessary  expenses 
connected  with  the  investigations  and  experiments  hereinafter  au- 
thorized, including  the  employment  of  investigators,  local  and  special 
agents,  assistants,  experts,  clerks,  draftsmen,  and  labor  in  the  city  of 
Washington  and  elsewhere;  official  traveling  expenses,  materials, 
tools,  instruments,  apparatus,  repairs  to  apparatus,  chemicals,  fur- 
niture, office  fixtures,  stationery,  gas,  electric  current,  telegraph  and 
telephone  service,  express  and  freight  charges,  rent  outside  of  the 
District  of  Columbia,  and  for  all  other  necessary  supplies  and  ex- 
penses, as  follows: 

For  chemical  investigations  of  soil  types,  soil  composition  and  soil 
minerals,  the  soil  solution,  solubility  of  soil  and  all  chemical  prop- 
erties of  soils  in  their  relation  to  soil  formation,  soil  texture,  and  soil 
productivity,  including  all  routine  chemical  work  in  connection  with 
the  soil  surve}',  eighteen  thousand  one  hundred  and  thirty-five 
dollars; 

For  physical  investigations  of  the  important  properties  of  soil 
whilth  determine  productivity,  such  as  moisture  relations,  aeration, 
heat  conductivity,  texture,  and  other  physical  investigations  of  the 
various  soil  classes  and  soil  types,  eleven  thousand  two  hundred  and 
sixty-five  dollars; 

For  soil-fertility  investigations  into  organic  causes  of  infertility 
and  remedial  measures,  maintenance  of  productivity,  properties  and 
composition  of  soil  humus,  and  the  transformation  and  formation  of 
soil  humus  by  soil  organisms,  twenty-two  thousand  two  hundred 
dollars; 

For  exploration  and  investigation  within  the  United  States  to  de- 
termine a  possible  source  of  supply  of  potash,  nitrates,  and  other 
natural  fertilizers,  twenty-five  thousand  dollars; 

For  the  investigation  of  the  relation  of  soils  to  drainage  and  seep- 
age waters,  five  thousand  dollars; 

For  the  investigation  of  soils  and  for  indicating  upon  maps  and 
plats,  by  coloring  or  otherwise,  the  results  of  such  investigations,  one 
hundred  and  sixty-five  thousand  dollars; 

For  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  investigation,  four  tliousand  two  hundred  and 
eighty  dollars; 

In  all.  for  general  expenses,  two  hundred  and  fifty  thousand  eight 
hundred  and  eighty  dollars. 


198         LAWS   APPLICABLE   TO   DEPARTMEXT   OF   AGRICULTURE. 

Total  for  Bureau  of  Soils,  three  hundred  and  one  thousand  four 
hundred  and  twenty  dollars. 

Act  August  10,  1912.  c.  2.S4,  37  Stat.  290. 

These  are  provisions  of  the  agriciiUural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


BUBEAU   OF   ENTOMOLOGY. 

ACT  APRIL  23,  1304,  c.  1486.     (33  Stat.  276.) 
Chief  of  bureau. 

>:=    .*     ::=     One  entomologist,  who  shall  be  chief  of  bureau,     *     *     * 

Act  April  23,  1904,  c.  1486,  33  Stat.  289. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1900,  cited  above.  I'lovision.s  in  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fiscal  years.  The  provision  in  the  act  for 
the  Qpcal  year  1913  is  set  forth  on  p.  200,  post.  The  agricultural  appro- 
priation acts  for  the  fiscal  years  189t>  to  1904.  inclusive,  contain  provi- 
sions for  "  One  entomologist,  who  shall  be  chief  of  division." 

ACT  JUNE  16,  1880,  c.  235.     (21  Stat.  259.) 

Entomological  investigations  transferred  to  Department  of  Agriculture. 

For  the  completion  of  the  work  of  the  United  States  Entomological 
Commission  under  the  Department  of  the  Interior  in  the  special 
investigation  of  the  Rocky  Mountain  locust  or  gras.shopper  and  the 
cottonworm,  *  *  *  Provided^  That  after  the  close  of  the  next 
fiscal  year  all  work  of  the  character  herein  provided  for  shall  be  ex- 
clusively under  the  control  of  the  Agricultural  Department,     *     *     ^■ 

Act  June  16,  ISSO,  c.  235,  21  Stat.  276. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  18S1.  cited  above. 

ACT  MARCH  3.  1905,  c.  1501.  An  act  to  prohibit  importation  or  interstate  trans- 
portation of  insect  pest.s.  .-ind  the  use  of  the  United  States  mails  for  that 
purpose.      <;]3  Slat.  1269.) 

Transportation,  removal,  or  importation  of  insects  injurious  to  crops,  vegetables, 
trees,  etc.,  except  for  scientific  purposes,  forbidden. 

That  no  railroad,  steamboat,  express,  stage,  or  other  transporta- 
tion company  shall  knowingly  transport  from  one  State  or  Tenitory 
into  any  other  State  or  Territory,  or  from  the  District  of  Columbia 
into  a  State  or  Territorv.  or  from  a  State  or  Territory  into  the  Dis- 
trict  of  Columl)ia,  or  from  a  foreign  country  into  the  United  States, 
the  gypsy  moth,  brown-tail  moth,  leopard  moth,  plum  curculio,  hop 
j)lant-louse,  boll  weevil,  or  any  of  them  in  a  live  state,  or  other  insect 
in  a  live  state  which  is  notoriou.sly  injurious  to  cultivated  crops, 
including  vegetables,  field  crops,  bu.sh  fruits,  orchard  trees,  forest 
trees,  or  shade  trees;  or  the  eggs.  pupa\  or  larva"  of  iuiy  insect  in- 
jurious as  aforesaid,  except  when  shinped  for  scientific  purposes 
under  the  regulations  hereinafter  proviaed  for:  nor  shall  any  person 
remove  from  one  State  or  Teri'itory  into  another  State  or  Territorv, 
or  from  a  foreign  country  into  the  United  States,  or  from  a  State  or 
Territory  into  the  District  of  Columbia,  or  from  the  District  of  Co- 
lumbia into  any  State  or  Territory,  except  for  scientific  purposes 
under  the  regulations  hereinafter  ])rovidtMl  for,  the  gyi^sy  moth, 
brown-tail  ni»ith.  leopard  moth,  plum  curculio.  hop  plant-louse,  boll 


BUREAU   OF   ENTOMOLOGY.  199 

weevil,  or  any  of  them  in  a  live  state,  or  other  insect  in  a  live  state 
■which  is  notorionsly  injurious  to  cultivated  crops,  including  vegeta- 
bles, field  crops,  bush  fruits,  orchard  trees,  forest  trees,  or  shade  trees; 
or  the  eggs,  pu})a%  or  larvte  of  any  insect  injurious  as  aforesaid. 

Act  March  3.  1905,  c.  1501,  s.  1.  33  Stat.  1269. 

Letters,  parcels,  etc.,  containing  insects  injurious  to  crops,  vegetables,  trees, 
etc.,  nonmailable,  except  for  scientific  purposes;  violations  of  section  pun- 
ishable. 

Sec.  2.  That  any  letter,  parcel,  box,  or  other  package  contain- 
ing the  gypsy  moth,  brown-tail  moth,  leopard  moth,  plum  curculio, 
hop  plant-louse,  boll  weevil,  or  any  of  them  in  a  live  state,  or  other 
insect  in  a  live  state  which  is  notoriously  injurious  to  cultivated 
crops,  including  vegetables,  field  crops,  bush  fruits,  orchard  tre^s, 
forest  trees,  or  shade  trees,  or  any  letter,  parcel,  box,  or  package 
which  contains  the  eggs,  pupjr,  or  larva?  of  any  insect  injurious  as 
aforesaid,  whether  sealed  as  first-class  matter  or  not,  is  hereby  de- 
clared to  be  nonmailable  matter,  except  when  mailed  for  scientific 
jjurposes  under  the  regulations  hereinafter  provided  for,  and  shall 
not  be  conveyed  in  the  mails,  nor  delivered  from  any  post-office,  nor 
by  any  letter  carrier,  except  when  mailed  for  scientific  purposes  under 
the  regulations  hereinafter  provided  for;  and  any  person  who  shall 
knowingly  deposit,  or  cause  to  be  deposited,  for  mailing  or  delivery, 
anything  declared  by  this  section  to  be  nonmailable  matter,  or  cause 
the  same  to  be  taken  from  the  mails  for  the  purpose  of  retaining, 
circulating,  or  disposing  of,  or  of  aiding  in  the  retention,  circulation, 
or  disposition  of  the  same  shall,  for  each  and  every  offense,  be  fined, 
upon  conviction  thereof,  not  more  than  five  thousand  dollars  or  im- 
])risoned  at  hard  labor  not  more  than  five  years,  or  both,  at  the 
discretion  of  the  court:  Provided^  That  nothing  in  this  Act  shall 
authorize  any  person  to  open  any  letter  or  scaled  matter  of  the  first- 
class  not  addressed  to  himself. 

Act  March  3,  1905,  c.  1501,  s.  2.  33  Stat.  1270. 

Regulations  for  mailing,  shipping,  transportation,  delivery,  and  removal,  for 
scientific  purposes,  of  insects,  etc.,  within  sections  1  and  2  of  act. 

Sec.  3.  That  it  shall  be  the  duty  of  the  Secretary  of  Agriculture, 
and  he  is  hereby  authorized  and  directed  to  prepare  and  promulgate 
rules  and  regulations  under  which  the  insects  covered  by  sections  one 
.ind  two  of  this  Act  may  be  mailed,  shipped,  transported,  delivered, 
and  removed,  for  scientific  purposes,  from  one  State  or  Territory  into 
another  State  or  Territory,  or  from  the  District  of  Columbia  into  a 
State  or  Territory,  or  from  a  State  or  Territory  into  the  District  of 
Columbia,  and  any  insects  covered  by  sections  one  and  two  of  this  Act 
may  be  so  mailed,  shipped,  transported,  delivered,  and  removed,  for 
scientific  purposes,  under  the  rules  and  regulations  of  the  Secretary 
of  Agriculture:  Provided,  That  the  rules  and  regulations  of  the  Sec- 
retary of  Agriculture,  in  so  far  as  they  affect  the  method  of  mailing 
insects,  shall  be  approved  by  the  Postmaster-General,  and  nothing  in 
this  Act  shall  be  construed  to  prevent  any  State  from  making  and 
enforcing  laws  in  furtherance  of  the  purposes  of  this  Act,  prohibiting 
or  regulating  the  admission  into  that  State  of  insects  from  a  foreign 
country. 

Act  March  3.  1905,  c.  1501,  s.  3,  33  Stat.  1270. 


200         LAWS  APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

Violations  of  provisions  of  section  1  of  act  punishable. 

Sec.  4.  That  any  person,  company,  or  corporation  who  shall  know- 
in^h'  violate  the  provisions  of  section  one  of  this  Act  shall,  for  each 
offense,  be  fined,  upon  conviction  thereof,  not  more  than  five  thousand 
dollars  or  imprisoned  at  hard  labor  not  more  than  five  years,  or  both, 
lit  the  discretion  of  the  court. 

Act  March  3,  1905,  c.  1501,  s.  4,  33  Stat.  1270. 
ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Bureau  of  Entomology  :  One  entomologist,  who  shall  be 
chief  of  bureau,  four  thousand  five  hundred  dollars;  one  executive 
assistant,  two  thousand  two  hundred  and  fifty  dollars;  one  chief 
clerk,  one  thousand  eight  hundred  dollars;  one  clerk,  class  four;  two 
clerks,  class  three;  six  clerks,  class  two;  four  clerks,  class  one;  five 
clerks,  at  one  thousand  dollars  each;  two  clerks,  at  nine  hundred 
dollars  each;  one  clerk,  eight  hundred  and  forty  dollars;  one  super- 
intendent of  moth  work,  two  thousand  seven  hundred  and  fifty 
dollars;  one  assistant  superintendent  of  moth  work,  one  thousand 
and  eighty  dollars;  one  entomological  assistant,  one  thousand  eight 
hundred  dollars;  tw^o  entomological  draftsmen,  at  one  thousand  four 
hundred  dollars  each ;  one  entomological  draftsman,  one  thousand 
and  eighty  dollars;  three  foremen,  at  one  thou.sand  and  eighty 
dollars  each;  two  entomological  preparators,  at  eight  hundred  and 
forty  dollars  each;  one  entomological  preparator,  seven  hundred 
and  twenty  dollars;  six  entomological  preparators,  at  six  hundred 
dollars  each;  one  messenger,  eight  hundred  and  forty  dollars;  two 
messengers  or  laborers,  at  seven  hundred  and  twenty  dollars  each; 
one  mechanic,  eight  hundred  and  forty  dollais:  one  mechanic,  seven 
hundred  and  fifty  dollars;  one  laborer,  five  hundred  and  forty  dollars; 
two  charwomen,  at  four  hundred  and  ei^htv  dollars  each;  one  char- 
woman,  two  hundred  and  forty  dollars;  in  all.  fifty-eight  thousand 
seven  hundred  and  fifty  dollars. 

General  expenses.  lii  reau  of  Entomology:  For  the  promotion  of 
economic  entomology;  for  investigating  the  hi.story  and  the  habits  of 
insects  injurious  and  beneficial  to  agriculture,  horticulture,  and  ar- 
boriculture, and  ascertaining  the  In'st  means  of  destroying  those  found 
to  l)e  injurious;  for  salaries  and  the  employment  of  labor  in  the  city 
of  AVashington  and  elsewhere,  rent  outside  of  the  District  of  Colum- 
bia, freight,  exjircss  charges,  official  traveling  expenses,  office  fixtures, 
supi^lies.  apparatus,  tclegiaph  and  telephone  service,  gas.  and  electric 
current,  in  connection  with  the  following  investigations: 

F'or  investigations  of  insects  affecting  deciduous  fruits,  orchards, 
vineyards,  nuts,  and  so  forth,  including  investigations  of  the  pear 
thrips.  cranberry  insects,  and  apple  maggots,  forty  thousand  six 
hundred  dollars; 

For  investigations  of  insects  affecting  cereal  and  forage  plants, 
including  the  alfalfa  weevil,  seventy-tive  thousand  dollars,  of  which 
sum  fifteen  thousand  dollars  .shall  be  iuunediately  available; 

For  investigations  of  in.sects  affecting  southern  field  crops,  including 
the  cotton-l>oll  weevil  and  other  insects  injurious  to  cotton,  insects 
affecting  tobacco,  riee.  and  sugar  can(>.  the  Ai'gentine  ant.  and  life 
history  studies  of  ticUs.  forty-seven  thousand  one  hundred  and  sixty 
dollars ; 


II 


BUREAU    OF   BIOLOGICAL   SURVEY.  201 

For  investipfatioiis  of  insects  affecting  forests,  forty-four  thousand 
seven  hundred  and  fifty  doUars; 

For  investigations  of  insects  affecting  truck  crops,  sugar  beet, 
stored  grains,  and  other  stored  products,  thirty  thousand  dollars; 

For  investigations  in  bee  culture,  fifteen  thousand  dollars; 

For  investigations  of  insects  affecting  citrus  fruits,  including  the 
\vhite  fly,  orange  thrips.  and  scale  insects,  twenty-one  thousand  five 
hundred  dollars; 

For  investigations  of  the  Mediterranean  fly  in  the  United  States, 
its  territories  and  possessions,  thirty-five  thousand  dollars,  v^rhich  sum 
shall  be  immediately  available; 

For  investigations  of  miscellaneous  insects,  inspection  work,  study 
of  insects  affecting  the  health  of  man  and  animals,  insecticides,  and 
the  importation  and  exchange  of  useful  insects,  nineteen  thousand 
seven  hundred  and  forty  dollars; 

In  all,  for  general  expenses,  three  hundred  and  twenty-eight  thou- 
sand seven  hundred  and  fifty  dollars. 

Preventing  spread  of  moths  :  To  enable  the  Secretary  of  Agricul- 
ture to  meet  the  emergency  caused  by  the  continued  spread  of  the 
gj'psy  and  broAvn-tail  moths  by  establishing  and  maintaining  a  quar- 
antine against  further  spread  in  such  manner  as  he  shall  deem  best, 
in  cooperation  with  the  authorities  of  the  different  States  concerned 
and  with  the  several  State  experiment  stations,  including  rent  outside 
of  the  District  of  Columbia,  the  employment  of  labor  in  the  city  of 
Washington  and  elsewhere,  and  all  other  necessary  expenses,  two 
hundred  and  eighty-four  thousand  eight  hundred  and  forty  dollars. 

Total  for  Bureau  of  Entomology,  six  hundred  and  seventy-two 
thousand  three  hundred  and  forty  dollars. 

Aft  Ananist  10.  1012.  c.  2S4.  37  Stat.  291, 

These  ;ire  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

RES.    JULY   30.    1912,    No.    35.     Joint   resolution    making  appropriation    to    be 
used  in  oxterniiiiatins  the  army  worm,     (37  Stat.  640,) 

Extermination  of  army  worm. 

That  the  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury 
not  otherwise  appropriated,  to  be  used  by  the  Secretary  of  Agricul- 
ture in  exterminating  a  dangerous  pest  commonly  called  the  army 
worm,  now  devastating  crops  in  various  sections  of  the  United  States. 

Res.  July  30,  1912,  No.  35,  37  Stat.  640. 


BUREAU  OF  BIOLOGICAL  SURVEY. 

ACT  MARCH  3,  1905.  c.  1405.     (33  Stat.  861.) 
Chief  of  bureau. 

*     *     '■•     One  biologist,  who  shall  be  chief  of  Bureau,     *     *     ''". 

Act  March  3,  1905,  c.  1405.  33   Stat.  877. 

This  is  a  provision  of  the  asfricultural  appropriation  act  for  the  fiscal 
year  1906.  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fi.«!cal  years,  Tlie  provision  in  the  act 
for  the  fiscal  year  1913  is  set  forth  on  ]).  226,  pni^t.  The  agricultural 
appropriation  acts  for  the  fiscal  years  1897  to  1905,  inclusive,  contain 
provisions  for  "  One  biologist,  who  shall  be  chief  of  division," 


202  LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

ACT  MAY  25,  1900,  c.  553.  An  act  to  enlarge  the  powers  of  the  Department  of 
Agriculture,  prohibit  the  transportation  by  interstate  commerce  of  game 
killed  in  violation  of  local  laws,  and  for  other  purposes.     (31  Stat.  187.) 

Preservation,  distribution,  introduction,  and  restoration  of  game  birds  and 
other  wild  birds;  collection  and  publication  of  information  as  to  propaga- 
tion, uses,  and  preservation  of  such  birds;  regulation  for  carrying  out 
purposes  of  act. 

That  the  duties  and  powers  of  the  Department  of  Agriculture 
are  hereby  enlarged  so  as  to  include  the  ]  reservation,  distribution, 
introduction,  and  restoration  of  game  birds  and  other  wild  birds. 
The  Secretary  of  Agriculture  is  hereby  authorized  to  adopt  such 
measures  as  may  be  necessary  to  carry  out  the  purposes  of  this  Act 
and  to  purchase  such  game  birds  and  other  wild  birds  as  may  be 
required  therefor,  subject,  however,  to  the  laws  of  the  various  States 
and  Territories.  The  object  and  purpose  of  this  Act  is  to  aid  in  the 
restoration  of  such  birds  in  those  parts  of  the  United  States  adapted 
thereto  where  the  same  have  become  scarce  or  extinct,  and  also  to 
regulate  the  introduction  of  Am.erican  or  foreign  birds  or  animals  in 
localities  where  they  have  not  heretofore  existed. 

The  Secretary  of  Agriculture  shall  from  time  to  lime  collect  and 
publish  useful  information  as  to  the  propagation,  uses,  and  preserva- 
tion of  such  birds. 

And  the  Secretary  of  Agriculture  shall  make  and  publish  all  need- 
ful rules  and  regulations  for  carrying  out  the  purposes  of  this  Act, 
and  shall  expend  for  said  purposes  such  sums  as  Congress  may 
appropriate  therefor. 

Act  May  25,  1900,  c.  553,  s.  1,  31  Stat.  187. 

The  provisions  of  sections  2-4  of  this  act  are  incoi'porated  in  "An  act 
to  codify,  revise,  and  amend  the  penal  laws  of  the  United  States,"  act 
March  4,  1909.  c.  321,  ss.  241-244,  set  forth  below,  and  said  sections  of 
this  act  are  expressly  repealed  by  section  ,341  of  said  act  March  4,  1909. 

Act  June  3.  1902,  c.  983,  .32  Stat.  285.  provides  that  the  Secretary  of 
Agriculture  shall  have  the  power  to  authorize  the  importation  of  eggs 
of  game  birds  for  propagation,  and  prescribe  necessary  rules  and  regu- 
lations governing  the  same.  Said  act  is  superseded  by  provisions  of  act 
August  5,  1909,  c.  6.  36  Stat.  75,  prohibiting  the  importation  of  eggs  of 
game  birds  and  eggs  of  birds  not  used  for  food,  except  scientific  speci- 
mens, and  authorizing  the  importation  of  game  birds  under  rules  and 
regulations  prescribed  by  the  Secretary  of  the  Treasury. 

Bodies  of  game  animals  and  game  and  song  birds  subject  to  laws  of  State,  etc.. 
into  which  transported. 

Sec.  5.  I'hat  all  dead  bodies,  or  parts  thereof,  of  any  foreign  game 
animals,  or  game  or  song  birds,  the  importation  of  which  is  pro- 
hibited, or  the  dead  bodies,  or  j)arts  thereof,  of  any  wild  game  ani- 
mals, or  game  or  song  birds  transported  into  any  State  or  Territory, 
or  remaining  tlierein  for  use.  consumption,  sale,  or  storage  (herein, 
shall  upon  arrival  iu  .«iich  State  v.v  Territory  be  subject  to  the  opera- 
tion and  effect  of  the  laws  of  such  State  or  Territory  enacted  in  the 
exercise  of  its  police  powers,  to  the  same  extent  and  in  the  same  man- 
ner as  though  such  animals  or  birds  had  been  |)iO(luce(l  in  such  State 
or  Territory,  and  shall  not  be  exempt  tlierefroui  by  reason  of  being 
introduced  therein  in  original  packages  or  otherwise.  This  Act 
.shall  not  prevent  the  iuiportation,  transportation,  or  sale  of  birds  or 
bird  plumage  manufactured  from  the  feathers  of  barnyard  fowl. 

Act  May  25,  1900,  c.  553,  s.  5.  31  Stat.  188. 

This  section  is  jiartlally  Incorporated  in  "An  act  to  codify,  revise,  and 
amend  the  penal  laws  of  the  United  States,"  act  March  4,  1909.  c.  321, 


BUREAU   OF   BIOLOGICAL   SURVF.Y.  203 

8.  242,  set  forth  below,  aud  the  above  seotiou  is  not  incliuled  with  other 
sections  of  this  net  expressly  repealed  by  section  341  of  said  act  March 
4.   1900. 

ACT  MARCH  4,   1909,  c.  321.      (35  Stat.   1088.) 

Importation  of  certain  injurious  animals  and  birds  forbidden;  permits  for 
foreign  wild  animals  and  birds;   specimens  for  museums,  etc. 

Sec.  241.  The  importation  into  the  United  States,  or  any  Territory 
or  District  thereof,  of  the  mongoose,  the  so-called  "  flj'ing  foxes  "  or 
fruit  bats,  the  English  sparrow,  the  starling,  and  such  other  birds  and 
animals  as  the  Secretary  of  Agriculture  may  from  time  to  time 
declare  to  be  injurious  to  the  interests  of  agriculture  or  horticulture, 
is  hereby  prohibited;  and  all  such  birds  and  animals  shall,  upon 
arrival  at  any  port  of  the  United  States,  be  destroyed  or  returned 
at  the  expense  of  the  owner.  No  person  shall  import  into  the  United 
States  or  into  any  Territory  or  District  thereof,  any  foreign  wild 
aninuil  or  bird,  except  under  special  permit  from  the  Secretary  of 
Agriculture:  Provided,  That  nothing  in  this  section  shall  restrict 
the  importation  of  natural  history  specimens  for  museums  or  sci- 
entific collections,  or  of  certain  cage  birds,  such  as  domesticated 
canaries,  parrots,  or  such  other  birds  as  the  Secretary  of  Agriculture 
may  designate.  The  Secretary  of  the  Treasury  is  herebj'  authorized 
to  make  regulation^  for  carrying  into  effect  the  provisions  of  this 
section. 

Act  March  4,  1909,  c.  321,  s.  241,  3,')  Stat.  11.37. 

This  section  is  a  part  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cited  above,  incorporating  therein  the  pro- 
visions of  section  2  of  act  May  25,  1900.  c.  553,  31  Stat.  18S.  M'hich  section 
is  expressly  repealed  by  section  341  of  this  act.  . 

See  note  on  appro])rif'tion  for  enforcement  of  this  section  under  section 
244  of  this  act  set  forth  below. 

Interstate  transportation  of  animals  and  birds  illegally  imported  and  game 
killed  in  violation  of  laws  of  States,  etc..  unlawful;  game  in  season  and 
feathers  of  barnyard  fowls  excepted. 

Sec.  242.  It  shall  be  unlawful  for  any  person  to  deliver  to  any 
common  carrier  for  transportation,  or  for  any  common  carrier  to 
transport  from  any  State.  Territory,  or  District  of  the  United  States, 
to  any  other  State,  Territory,  or  District  thereof,  any  foreign 
animals  or  birds,  the  importation  of  which  is  prohibited,  or  the  dead 
bodies  or  parts  thereof  of  any  wild  animals  or  birds,  where  such 
animals  or  birds  have  been  killed  or  shipped  in  violation  of  the  laws  of 
the  State,  Territory,  or  district  in  which  the  same  were  killed,  or  from 
which  they  were  shipped :  Provided,  That  nothing  herein  shall  prevent 
the  transportation  of  any  dead  birds  or  animals  killed  dunng  the 
season  when  the  same  may  be  lawfully  captured,  and  the  export  of 
which  is  not  prohibited  by  law  in  the  State,  Territor3%  or  District  in 
which  the  same  are  captured  or  killed:  Provided  further.  That  noth- 
ing herein  shall  prevent  the  importation,  transportation,  or  sale  of 
birds  or  bird  plumage  manufactured  from  the  feathers  of  barnyard 
fowls. 

Act  March  4,  1909,  c.  321.  s.  242,  35  Stat.  1137. 

This  soc-tion  is  a  part  of  "'An  act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  States,"  cited  above,  incorporating  therein 
provisions  of  sections  3  and  5  of  act  May  25.  1900,  c.  .553.  31  Stat.  18S. 
Section  3  of  said  act  is  expressly  repealed  by  section  341  of  said  act 
March  4.  1909. 


204         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

See  note  on  approitriation  for  enforcement  of  this  section  under  section 
244  of  this  act  set  forth  below. 

Marking  of  packages  containing  bodies  or  plumage  of  game  animals  or  game 
or  other  wild  birds. 

Sec.  243.  All  packages  containing  the  dead  bodies,  or  the  plumage, 
or  parts  thereof,  of  game  animals,  or  game  or  other  wild  birds,  when 
shipped  in  interstate  or  foreign  commerce,  shall  be  plainly  and 
clearly  marked,  so  that  the  name  and  address  of  the  shipper,  and  the 
nature  of  the  contents,  may  be  readily  ascertained  on  an  inspection  of 
the  outside  of  such  package. 

Act  March  4,  1909.  c.  32^.  s.  243.  35  Stat.  1137. 

This  section  is  a  part  of  "An  act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  States,"  cited  above,  incorporating  therein 
provisions  of  section  4  of  act  May  25.  1900.  c.  .553,  31  Stat.  ISS.  which 
section  is  expressly  repealeil  by  section  341  of  sjiid  act  March  4.  1909. 

See  note  on  appropriation  for  enforcenient  of  this  section  under  section 
244  of  this  act  .set  forth  below. 

Penalty  for  violations  of  sections  241-244. 

Sec.  244.  For  each  evasion  or  violation  of  any  provision  of  the 
three  sections  last  preceding,  the  shipper  shall  be  fined  not  more  than 
two  hundred  dollars;  the  consignee  knowingly  receiving  such  articles 
so  ship])ed  and  transported  in  violation  of  said  sections  shall  be  fined 
not  more  than  two  hundred  dollars;  and  the  carrier  knowingly  carry- 
ing or  transporting  the  same  in  violation  of  said  sections  shall  ])e  fined 
not  more  than  two  hundred  dollars. 

Act  March  4,  1909,  c.  321,  s.  244.  35  Stat.  1138. 

This  section  is  a  \mrt  of  "An  act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  States."  cited  above,  incoriwrating  therein 
provisions  of  section  4  of  act  May  25,  190O,  c.  553,  31  Stat.  IKS.  which 
section  is  expressly  repealed  by  section  341  of  said  act  March  4.  1900. 

Appropriations  for  the  enfoirenient  of  this  and  the  three  precedinsi 
sections  of  this  act  are  made  in  the  ajrricultnr.il  apiu'opriation  acts  for 
the  fiscal  years  1911  and  thereafter.  The  provisions  of  the  act  for  the 
fiscal  year  1913  are  set  forth  on  p.  22(».  iiost.  Previous  to  the  incorpora- 
tion of  sections  2-4  of  act  May  25.  1900,  in  this  and  the  three  preceding 
se<*tions  of  this  act,  appropriations  were  made  in  the  agricultural  apjiro- 
priation  acts  for  the  enforcement  of  sections  2-!>  of  that  act. 

ACT  MAY  11.  1908.  c.  162.  An  act  to  amend  an  act  entitle<l  "  \n  Act  for  the 
I>rotection  of  game  in  Alaska,  and  for  other  i)uri)oses,"  ai»provetl  .Tune 
sevetUh,  nineteen  hundred  and  two.      (35  Stat.  102.) 

Destruction  of  game  animals  or  birds  in  Alaska,  with  certain  exceptions,  pro- 
hibited; "game  animals"  defined;  laws  relating  to  fur  seal,  etc.,  not 
affected  by  act;   game  killed  during  close  season  not  to  be  shipped  or  sold. 

That  ;iii  .Vet  entitled  "An  Act  for  the  protection  of  game  in  Alaska, 
and  for  othei-  purposes."  approved  June  seventh,  nineteen  hundred 
and  two,  be  amended  to  read  as  foHows: 

"■  From  and  after  tJte  passage  of  this  Act  the  wanton  destruction  of 
wild  game  animals  or  wild  birds.  ex<'ept  eagles,  ravens,  and  cormo- 
rants, the  tlestiiiction  of  nests  aiul  eggs  of  sudi  birds,  or  the  killing  of 
any  wild  liirds,  other  than  game  birds,  except,  eagles,  for  the  purpo.ses 
of  .selling  the  same  or  the  skins  or  any  part  thereof,  except  as  herein- 
after provided,  is  hereby  )>rohibited. 

"Ga.mk  i)i;i'Inei). — The  term  'game  animals"  shall  include  deer, 
moose,  caribou,  moimtain  sheep,  mountain  goats,  brown  bear,  sea 
lions,  and  walrus.     The  tcrui  'game  birds'  shall  include  waterfowl, 


BUREAU    OF   BIOLOGICAL   SURVEY.  205 

commonly  known  as  ducks,  ^eese,  brant,  and  swans;  shore  birds, 
connnonly  known  as  plover,  snipe,  and  curlew,  and  the  several  species 
of  grouse  and  ptarmigan. 

'•  KxEMi'TioNs. — Nothing  in  this  Act  shall  atFect  any  law  now  in 
force  in  Alaska  relating  to  the  fur  seal,  sea  otter,  or  any  fur-bearing 
animal  or  prevent  the  killjno:  of  any  game  animal  or  bird  for  food  or 
clothing  at  any  time  by  natives,  or  by  miners  or  explorers,  when  in 
need  of  food;  but  the  game  animals  or  birds  so  killed  during  clQse 
season  shall  not  be  shipped  or  sold. 

Act  May  11,  1908.  c.  1G2.  s.  1,  35  Stat.  102. 

Killing  of  game  animals  or  birds  in  Alaska,  unlawful,  except  during  open  sea- 
sons; open  seasons  for  certain  animals  in  different  latitudes;  regulations 
prohibiting  sale  of  game,  modifying  close  seasons,  placing  further  restric- 
tions on  killing  of  animals  or  birds,  or  prohibiting  killing  entirely  for 
certain  period. 

"  SEf.  '2.  Season. — That  it  shall  be  unlawful  for  any  person  in 
Alaska  to  kill  any  wild  game  animals  or  birds,  except  during  the  sea- 
son hereinafter  provided:  North  of  latitude  sixty-two  degrees,  brown 
bear  may  be  killed  at  any  time;  moose,  caribou,  sheep,  walrus,  and 
sea  lions  from  August  first  to  December  tenth,  both  inclusive;  south 
of  latitude  sixty-two  degrees,  moose,  caribou,  and  mountain  sheep 
from  August,  tw'entieth  to  December  thirty-first,  both  inclusive;  brown 
bear  from  October  fii-st  to  July  first,  both  inclusive;  deer  and  moun- 
tain goats  from  April  first  to  February  first,  both  inclusive;  grouse, 
ptarmigan,  shore  birds,  and  waterfowl  from  September  first  to  March 
first,  both  inclusive:  Provided,  That,  no  caribou  shall  be  killed  on  the 
Kenai  Peninsula  before  August  twentieth,  nineteen  hundred  and 
twelve:  And  provided  further^  That  the  Secretary  of  Agriculture  is 
hereby  authorized,  whenever  he  shall  deem  it  necessary  for  the  preser- 
vation of  game  animals  or  birds,  to  make  and  publish  rules  and  regu- 
lations prohibiting  the  sale  of  any  game  in  any  locality  modifying 
the  close  seasons  hereinbefore  established,  providing  different  close 
seasons  for  different  parts  of  Alaska,  placing  further  restrictions  and 
limitations  on  the  killing  of  such  animals  or  birds  in  any  given  local- 
ity, or  prohibiting  killing  entirely  for  a  period  not  exceeding  two 
years  in  such  locality. 

Act  May  11,  1908,  c.  162,  s.  2,  35  Stat.  102. 

The  killing  of  grouse,  ptarmigan,  shore  birds,  and  waterfowl  from 
September  1  to  March  1.  ;\nywhere  in  Alaska,  is  made  lawful  by  act 
.ALarch  4,  1911.  c.  280.  set  forth  below. 

Killing  restricted  and  limited  in  number  and  kinds  of  certain  animals  and 
birds;   hunting  with  dogs,  large  guns,  and  launches,  etc.,  unlawful. 

"  Sec.  3.  Number. — That  it  shall  be  unlawful  for  any  person  to  kill 
any  female  or  yearling  moose  or  for  any  one  person  to  kill  in  any  one 
3'ear  more  than  the  number  specified  of  each  of  the  following  animals: 
Tavo  moose,  one  walrus  or  sea  lion,  three  caribou,  three  mountain 
sheep,  three  brown  bear,  or  to  kill  or  to  have  in  his  possession  in  any 
one  day  more  than  twenty-five  gi'ouse  or  ptarmigan  or  twenty-five 
shore  birds  or  waterfowl. 

"  Guns  and  boats. — That  it  shall  be  unlawful  for  any  person  at  any 
time  to  hunt  with  dogs  any  of  the  game  animals  specified  in  this  Act: 
to  use  a  shotgun  larger  than  number  ten  gauge,  or  any  gun  other  than 


206         JLAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

tliat  wliich  can  be  fired  from  the  shoulder ;  or  to  use  steam  launches  or 
any  boats  other  than  those  propelled  bv  oars  or  paddles  in  the  pursuit 
of  game  animals  or  birds. 

Act  May  11.  1908,  c.  162.  t;.  3,  3?  Sti;t.  103. 

Sale,  etc.,  of  hides,  skins,  etc.,  of  game  animals  or  birds  in  Alaska,  killed  during 
close  seasons,  unlawful. 

"  Sec.  4.  Sale. — That  it  shall  be  unlawful  for  any  person  or  persons 
ac  any  time  to  sell  or  offer  for  sale  any  hides,  skins,  or  heads  of  any 
game  animals  or  game  birds  in  Alaska,  or  to  sell,  offer  for  sale,  or  pur- 
chase, or  offer  to  purchase,  any  game  animals  or  game  birds,  or  parts 
thereof,  during  the  time  when  the  killing  of  such  animals  or  birds  is 
prohibited:  Provided,  That  it  shall  be  lawful  for  dealers  having  in 
possession  game  animals  or  game  birds  legally  killed  during  the  open 
season  to  dispose  of  the  same  within  fifteen  days  after  the  close  of 
said  season. 

Act  May  11.  1908,  c.  162.  s.  4,  35  .Stat.  103. 

Hunting  game  animals  in  Alaska  by  nonresidents,  without  license,  or  without 
guide  in  Kenai  Peninsula,  unlawful;  license  fees  for  hunting;  license  and 
license  fees  for  exportation  of  trophies,  etc.;  affidavit  for  exportation  of 
trophies,  etc.;  licenses  for  hunting  and  shipping  big  game;  disposition  of 
proceeds  from  licenses;   game  wardens  and  guides. 

'*  Sec.  5.  Licenses. — That  it  .shall  be  unlawful  for  any  nonresident 
of  Alaska  to  hunt  any  of  the  game  animals  protected  by  this  Act, 
except  deer  and  goats,  without  first  obtaining  a  hunting  license,  or  to 
hunt  on  the  Kenai  Peninsula  without  a  registered  guide,  and  such 
license  shall  not  be  transferable  and  shall  be  valid  only  during  the  cal- 
endar year  in  which  issued.  Each  applicant  shall  pay  a  fee  of  one 
hundred  dollars  for  such  license,  unless  he  be  a  citizen  of  the  United 
States,  in  which  case  he  shall  pay  a  fee  of  fifty  dollars.  Each  license 
sliall  be  accompanied  by  coupons  authorizing  the  shipment  of  two 
inoo.se  if  killed  north  of  latitude  sixty-two  degrees,  four  deer,  three 
caribou,  three  mountain  sheep,  three  goats,  and  three  brown  bear,  or 
any  part  of  said  animals,  but  no  more  of  any  one  kind. 

"A  resident  of  Alaska  desiring  to  export  heads  or  tro})hies  of  any 
ot  the  game  animals  mentioned  in  this  Act  shall  first  obtain  a  shipping 
license,  for  which  he  shall  pay  a  fee  of  forty  dollars,  permitting  the 
shipment  of  heads  or  trophies  of  one  moose,  if  killed  north  of  latitude 
sixty-two  degrees,  four  deer,  two  caribou,  two  sheep,  two  goats,  and 
TWO  brown  bear,  but  no  more  of  any  one  kind;  or  a  shipping  license, 
for  which  he  shall  pay  a  fee  of  ten  dollars,  permitting  the  shipment  of 
a  single  head  or  trophy  of  caribou  or  sheep;  or  a  shipping  license,  for 
which  he  shall  pay  a  fee  of  five  dollars,  permitting  the  shipment  of  a 
single  head  or  trophy  of  any  goat,  deer,  or  brown  bear.  Any  person 
wishing  to  ship  moose  killed  south  of  latitude  sixty-two  degrees  must 
first  obtain  a  special  .shi|)ping  license,  for  which  he  shall  pay  a  fee  of 
one  hundred  and  lifty  dollars,  f)ermitting  the  shipment  of  one  moose, 
<jr  any  part  thereof.  Not  more  than  one  general  license  and  two 
special  nioo.se  licenses  shall  be  issued  to  any  one  person  in  one  year: 
Provided^  That  before  any  trophy  shall  be  shipped  from  Alaska  under 
the  provisions  of  this  Act  the  persoii  desiring  to  make  such  shipment 
siiall  first  make  and  file  with  the  custcms  oflice  at  the  port  where  such 


BUREAU    OF   BIOLOGICAL   SURVEY.  207 

fchipinent  is  to  be  made  an  affidavit  to  the  effect  that  he  has  not 
viohited  any  of  the  provisions  of  this  Act;  that  the  trophy  which  he 
desires  to  siiip  has  not  been  bought  or  purchased  and  has  not  been 
sold  and  is  not  being  shipped  for  the  purpose  of  being  sold,  and  that 
he  is  the  owner  of  the  trophy  which  he  desires  to  ship,  and  if  the 
trophy  is  that  of  moose,  whether  the  animal  from  which  it  was  taken 
was  killed  north  or  south  of  latitude  sixty-two  degrees:  Provided 
furth£t\  That  any  resident  of  Alaska  prior  to  September  first,  nine- 
teen hundred  and  eight,  may  without  permit  or  license  ship  any  head 
or  trophy  of  any  of  the  game  animals  herein  mentioned  upon  filing  an 
affidavit  with  the  customs  office  at  the  port  where  such  shipment  is 
to  be  made  that  the  animal  from  which  said  head  or  trophy  was  taken 
was  killed  prior  to  the  passage  of  this  Act.  Any  affidavit  required 
by  the  provisions  of  this  Act  may  be  subscribed  and  sworn  to  before 
any  customs  officer  or  before  any  officer  competent  to  administer 
an  oath. 

"  The  governor  of  Alaska  is  hereby  authorized  to  issue  licenses  for 
hunting  and  shipping  big  game.  On  issuing  a  license  he  shall  require 
the  applicant  to  state  whether  the  heads  or  trophies  to  be  obtained  or 
shipped  under  said  license  will  pass  through  the  ports  of  entry  at 
Seattle.  Washington.  Portland,  Oregon,  or  San  Francisco,  California, 
and  he  shall  forthwith  notify  the  collector  of  customs  at  the  proper 
port  of  entry  as  to  the  name  of  the  holder  of  the  license  and  the  name 
and  address  of  the  consignee.  All  proceeds  from  licenses,  except  one 
dollar  from  each  fee,  w^hich  shall  be  retained  by  the  clerk  issuing  the 
license  to  cover  the  cost  of  printing  and  issue,  shall  be  paid  into  the 
Treasury  of  the  United  States  as  miscellaneous  receipts;  the  amount 
necessary  for  the  enforcement  of  this  Act  shall  be  estimated  for  annu- 
ally by  the  Agricultural  Department  and  appropriated  for  including 
the  employment  and  salaries  to  be  paid  to  game  wardens  herein 
authorized.  And  the  governor  shall  annually  make  a  detailed  and 
itemized  report  to  the  Secretary  of  Agriculture,  in  which  he  shall 
state  the  number  and  kind  of  licenses  issued,  the  money  received, 
which  report  shall  also  include  a  full  statement  of  all  trophies  ex- 
ported and  all  animals  and  birds  exported  for  any  purpose. 

"And  the  governor  of  Alaska  is  further  authorized  to  employ  game 
wardens,  to  make  regulations  for  the  registration  and  employment  of 
guides,  and  fix  the  rates  for  licensing  guides  and  rates  of  compensa- 
tion for  guiding.  Every  person  applying  for  a  guide  license  shall,  at 
the  time  of  making  such  application,  make  and  file  with  the  pei-son 
issuing  such  license  an  affidavit  to  the  effect  that  he  will  obey  all  the 
conditions  of  this  Act  and  of  the  regulations  thereunder,  that  he  will 
not  violate  any  of  the  game  laws  or  regulations  of  Alaska,  and  that 
he  will  report  all  violations  of  such  laws  and  regulations  that  come 
to  his  knowledge.  Any  American  citizen  or  native  of  Alaska,  of  good 
character,  upon  compliance  with  the  requirements  of  this  Act,  shall 
be  entitled  to  a  guide  license.  Any  guide  who  shall  fail  or  refuse  to 
report  any  violation  of  this  Act,  or  who  shall  himself  violate  any  of 
the  provisions  of  this  Act,  shall  have  his  license  revoked,  and  in  addi- 
tion shall  be  liable  to  the  penalty  provided  in  section  seven  of  this 
Act,  and  shall  be  ineligible  to  act  as  guide  for  a  period  of  five  years 
from  the  date  of  conviction. 


208         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Act  May  11,  1908,  c.  1G2.  s.  5,  35  Stat.  103. 

Shipment,  etc.,  from  Alaska  of  wild  birds  or  certain  wild  animals,  or  carcasses, 
etc.,  thereof,  without  license,  etc.,  unlawful;  collection  of  scientific  speci- 
mens, etc.,  act  not  to  be  construed  to  prevent  capture  or  shipment  of  live 
animals  for  exhibition,  etc.,  or  export  of  specimens  under  permit,  duty  of 
collectors  of  customs  to  keep  account  of  consignments  of  game  from  Alaska; 
detention  and  forfeiture  of  consignments  arriving  without  licenses. 

"■  Sfx".  0.  That  it  shall  be  unhnvful  for  any  persons,  firm,  or  corpora- 
tion, or  their  officers  or  agents,  to  deliver  to  any  common  carrier,  or 
for  the  owner,  agent,  or  master  of  any  vessel,  or  for  any  other  person, 
to  receive  for  shipment  or  have  in  possession  with  intent  to  ship  out  of 
Alaska,  any  wild  birds,  except  eagles,  or  parts  tliereof.  or  any  heads, 
hides,  or  carcasses  of  brown  bear,  caribou,  deer,  moose,  moimtain 
sheep,  or  mountain  goats,  or  parts  thereof,  unless  said  heads,  hides, 
or  carcasses  are  accompanied  by  the  required  license  or  coupon  and 
by  a  copy  of  the  affidavit  required  by  section  five  of  this  Act:  Pro- 
vided., That  nothing  in  this  Act  shall  be  construed  to  prevent  the  col- 
lection of  specimens  for  scientific  purposes,  the  capture  or  shipment  of 
live  animals  and  birds  for  exhibition  or  propagation,  or  the  export 
from  Alaska  of  specimens  under  permit  from  the  Secretary  of  Agri- 
culture, and  under  such  restrictions  and  limitations  a,s  he  may  pre- 
scribe and  publish. 

"  It  shall  be  the  duty  of  the  collector  of  customs  at  Seattle,  Port- 
land, and  San  Francisco  to  keep  strict  account  of  all  consignments  of 
game  animals  received  from  Alaska,  and  no  consignment  of  game 
shall  be  entered  until  due  notice  thereof  has  been  received  from  the 
governor  of  Alaska  or  the  Secretary  of  Agi-iculture,  and  found  to 
agree  with  the  name  and  address  on  the  shipment.  In  case  consign- 
ments arrive  without  licenses  they  shall  be  detained  for  sixty  days, 
and  if  a  license  be  not  then  produced  said  consignments  shall  be  for- 
feited to  the  United  States  and  shall  be  delivered  by  the  collector  of 
cu.stoms  to  the  United  States  marshal  of  the  district  for  such  dispo- 
sition as  the  court  may  direct. 

Act  May  11.  190S.  c.  162.  s.  6.  35  Stat.  104. 

Violations  of  act  punishable;  duty  of  marshals,  collectors  of  customs,  game 
wardens,  etc.,  to  assist  in  enforcement  of  act;  arrests  and  seizures  without 
warrants,  for  violations  of  act  or  regulations. 

'*  Sec.  7.  Penalties. — That  any  person  violating  any  of  the  provi- 
sions of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  forfeit  to  the  United  States  all  game  or  birds 
in  his  possession,  and  all  guns,  traps,  nets,  or  boats  used  in  killing  or 
capturing  said  game  or  birds,  and  shall  be  punished  for  each  offense 
by  a  fine  of  not  more  than  two  hundred  dollars  or  imprisonment  not 
more  than  three  months,  or  by  both  such  fine  and  imprisonment,  in 
the  di.scretion  of  the  court.  Any  person  making  any  false  or  untrue 
statements  in  any  affidavit  required  by  this  Act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  forfeit  to  the 
United  States  all  trophies  in  his  possession,  and  shall  be  ]Minished  by 
a  fine  in  any  sum  not  more  than  two  hundred  dollars  or  imprison- 
ment not  more  than  three  months,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court. 

'"Enforcement. — It  is  hereby  made  the  duty  of  all  marshals  and 
deputy  marshaks.  collectors  or  deputy  collectors  of  cu.stoms,  all  offi- 
cers of  revenue  cutters,  and  all  game  wardens  to  a.'^sist  in  the  enforce- 
ment of  this  Act.    Any  marshal,  deputy  mai*shal,  or  warden  in  or  out 


BUREAU    OF   BIOLOGICAL   SURVEY.  209 

of  Alaska  may  arrest  without  warrant  any  person  found  violating 
any  of  the  provisions  of  this  Act  or  any  of  the  reticulations  herein 
provided,  and  maj'  seize  any  game,  birds,  or  hides,  and  any  traps, 
nets,  guns,  boats,  or  other  pharaphernalia  used  in  the  capture  of 
such  game  or  birds  and  found  in  the  possession  of  said  person  in  or 
out  of  Alaska,  and  any  collector  or  deputy  collector  of  customs,  or 
warden,  or  licensed  guide,  or  any  person  authorized  in  writing  by  a 
marshal  shall  have  the  power  above  provided  to  arrest  persons  found 
violating  this  Act  or  said  regulations  and  seize  said  property  with- 
out warrant  to  keep  and  deliver  the  same  to  a  marshal  or  a  deputy 
marshal.  It  shall  be  the  duty  of  the  Secretary  of  the  Treasury,  upon 
request  of  the  governor  or  Secretary  of  Agriculture,  to  aid  in  carry- 
ing out  the  provisions  of  this  Act. 

Act  May  11.  190S,  c.  162,  s.  7,  35  Stat.  105. 
Bepeal  of  acts  or  parts  of  act  in  conflict  with  provisions  of  this  act, 

"  Sec.  8.  That  all  Acts  or  parts  of  Acts  in  conflict  with  the  provi- 
sions of  this  Act  are  hereby  repealed." 

Act  May  11,  1908,  c.  162,  s.  8,  35  Stat.  105. 

ACT  MARCH  4,  1911,  c.  280.     An  act  for  tho  protection  of  ganio  in  the  Terri- 
tory of  Alaska.     (r>6  Stat.  1360.) 

Open  season  for  certain  game  birds  extended. 

That  from  and  after  the  passage  of  this  Act  it  shall  be  lawful  to 

kill  gi'ouse.  ptarmigan,  shore  birds,  and  waterfowl  from  September 

first   to  March  first,  both  inclusive,  anywhere  in  the  Territory  of 

Alaska. 

Act  March  4,  1911,  c.  280,  36  Stat.  1360. 

This  act  amends  a  provision  of  Act  May  11,  1908,  c.  162,  s.  2,  set  forth 
above. 

ACT  MARCH  4,  1909,  c.  321.     (35  Stat.  1088.) 

Hunting,  etc..  birds,  or  taking  their  eggs,  on  bird-breeding  grounds,  prohibited; 
punishment  for. 

Sec.  84.  "\Mioever  shall  hunt,  trap,  capture,  willfully  disturb,  or 
kill  any  bird  of  any  kind  whatever,  or  take  the  eggs  of  any  such  bird, 
on  any  lands  of  the  United  States  which  have  been  set  apart  or  re- 
served as  breeding  grounds  for  birds,  by  any  law.  proclamation,  or 
executive  order,  except  under  such  rules  and  regulations  as  the  Sec- 
retary of  Agriculture  may.  from  time  to  time,  prescribe,  shall  be 
fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more 
than  six  months,  or  both.  * 

Act  March  4,  1909.  c.  321,  s.  84,  35  Stat.  1104. 

This  section  is  a  portion  of  "An  act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  St:ites."  cited  above,  Incon'oratine;  the  provi- 
sions of  act  June  2S,  1906.  c.  3565,  set  forth  below,  except  a  proviso 
annexed  thereto  relating  to  the  Black  Hills  Forest  Reservation. 

Appropriations  for  the  enforcement  of  this  section  are  made  in  the 
agricultural  appropriation  acts  for  the  fiscal  years  1911  and  thereafter. 
The  provision  of  the  act  for  the  fiscal  year  1913  is  set  forth  below. 

ACT  JUNE  28.  1906,  c.  3565.     An  act  to  i)rotect  birds  and  their  eggs  in  game  and 
bird  preserves.     CM  Stat.  5.36.) 

Hunting,   etc.,   birds,    or   taking   their   eggs   from   bird-breeding   grounds,   pro- 
hibited. 

That  it  shall  be  unlawful  for  any  person  to  hunt,  trap,  capture, 
willfully  di.sturb.  or  kill  any  bird  of  any  kind  whatever  or  take  the 
716.'i7— 13 14 


210         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

eggs  of  such  birds  on  any  lands  of  the  United  States  which  have 
been  set  apart  or  reserved  as  breeding  gi'ounds  for  birds  by  any  law, 
proclamation,  or  Executive  order,  except  under  such  rules  and  regula- 
tions as  may  be  prescribed  from  time  to  time  by  the  Secretary  of 
Agriculture. 

Act  June  28,  1906,  c.  3565,  s.  I,  34  Stat.  ".30. 
Violation;    punishment. 

Sec.  2.  That  any  person  violating  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall,  upon  conviction  in  any 
United  States  court  of  competent  jurisdiction,  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars  or  be  imprisoned  for  a  period  not 
exceeding  six  months,  or  shall  suffer  both  fine  and  imprisonment,  in 
the  discretion  of  the  court:  Provided^  That  the  provisions  of  this 
Act  shall  not  apply  to  the  Black  Hills  Forest  Reservation,  in  South 
Dakota. 

Act  June  28.  1900,  c.  35C5.  s.  2,  34  Stat.  .5.37. 

All  of  the  provisions  of  this  act,  except  the  proviso  annexed  to  section 
2,  are  incoriwratetl  in  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  act  ^iarch  4.  1909,  c.  321,  s.  84. 

EXECUTIVE  ORDER  MARCH   14,   1903. 
Pelican  Island  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Pelican  Island  in  Indian  River  in  section 
nine,  township  thirty-one  south,  range  thirty-nine  east.  State  of 
Florida,  be,  and  it  is  hereby,  reserved  and  set  apart  for  the  use  of  the 
Department  of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds. 

Theodore  RoosE^'ELT. 

EXECUTIVE  ORDER  JANUARY  26,  1909.      [No.   1014.] 
Pelican  Island  Reservation  for  birds,  enlarged. 

It  is  ordered  that  the  Pelican  Island  Reservation,  Florida,  created 
by  Executive  Order  of  March  13,  1903,  for  the  protection  of  native 
birds,  be  and  the  same  is  hereby  enlarged  so  as  to  include  all  unre- 
served mangrove  and  other  islands  situated  within  Sections  nine  and 
ten,  township  thirty-one  south,  range  thirty-nine  east,  of  the  Talla- 
hassee Meridian,  Florida,  as  segregated  by  the  broken  line  shown 
upon  the  diagram  hereto  attached  and  made  a  part  of  this  order.  It 
is  unlawful  for- any  person  to  hunt,  trap,  capture,  wilfully  disturb, 
or  kill  any  bird  of  any  kind  whatever,  or  take  the  eggs  of  such  birds 
within  the  limits  of  this  reservation,  except  under  such  niles  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  Agriculture. 
Warning  is  expressly  given  to  all  persons  not  to  commit  any  of  the 
acts  herein  enumerated  and  which  are  prohibited  by  law. 

Theodore  Roosevelt, 
executive  order  october  4,  1904. 
Breton  Island  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Breton  island,  as  shown  by  the  General 
Land  Office  map  of  the  State  of  Louisiana  of  date  1896,  in  Town- 
ship 18  South.  Range  20  Fast,  St.  Helena  Meridian,  when  same  shall 
be  surveyed;  and  Old  Harbor  and  Freemason  islands,  in  Townships 
14  and  15  South,  Ranges  21  and  22  East,  same  Meridian,  when  sur- 


BUREAU    OF   BIOLOGICAL   SURVEY.  211 

veyed,  be,  and  they  are  hereby  reserved  and  set  apart  for  the  use  of 
the  Department  oi  Agriculture,  as  a  preserve  and  breeding  ground 
for  native  birds.  This  reservation  to  be  known  as  "  Breton  Island 
Reservation." 

Theodore  Roosevelt, 
executive  order,  march  9.  1905. 

Stump  Lake  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  following  described  islands  in  Stump 
Lake  in  Township  151  North,  Range  Gl  West,  5th  Principal  Me- 
ridian, Noiih  Dakota,  shoAvn  on  the  official  plat  approved  February 
13,  1905,  on  file  in  the  General  Land  Office,  be,  and  they  are  hereby 
reserved  and  set  apart  for  the  use  of  the  Department  of  Agriculture 
as  a  preserve  and  breeding  ground  for  native  birds,  viz: 

Two  islands  in  section  10,  one  shown  as  lot  3  of  the  section,  con- 
taining 12  acres,  and  one  shown  as  lot  4  of  the  section,  containing 
7.64  acres;  one  island  in  section  11,  shown  as  lot  4  of  the  section, 
containing  2.22  acres;  also  one  island  in  section  15,  shown  as  lot  2 
of  the  section,  containing  5.53  acres,  total  area  27.39  acres.  This 
reservation  to  be  known  as  the  Stump  Lake  Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  OCTOBER  10,  1905. 

Passage  Key  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Passage  Kej',  an  island  near  the  mouth 
of  Tampa  Bay,  Florida,  as  shown  on  the  General  Land  Office  map 
of  the  State  of  Florida  of  date  1893,  and  situated  in  section  6,  town- 
ship 34  south,  range  16  east,  as  the  same  appears  upon  the  official  plat 
of  survey  of  said  township  approved  March  17,  1877,  be,  and  it  is 
hereby  reserved  and  set  apart  for  the  use  of  the  Department  of  Agri- 
culture as  a  preserve  and  breeding  ground  for  native  birds.  This 
reservation  to  be  known  as  the  Passage  Key  Reservation. 

Theodore  RoosE^^:LT. 

EXECUTIVE  ORDER  OCTOBER  10,   1905. 
Siskiwit  Islands  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  unsurveyed  islands  of  the  Siskiwit  or 
Menagerie  group  of  islands,  lying  near  the  mouth  of  Siskiwit  bay, 
on  the  south  side  of  Isle  Royal  in  Lake  Superior,  Michigan,  as  shown 
by  the  General  Land  Office  map  of  the  State  of  Michigan  of  date 
1904,  and  situated  in  sections  23,  24.  25,  26,  27,  33,  34  and  35,  town- 
ship 64  north,  range  36  west,  as  the  same  appear  in  part  upon  the 
official  plat  of  survey  of  said  township,  approved  June  4,  1847,  be 
and  they  are  hereby  reserved  and  set  apart  for  the  use  of  the  Depart- 
ment of  Agriculture  as  a  preserve  and  breeding  ground  for  native 
birds.  This  reservation  to  be  known  as  the  Siskiwit  Islands  Reser- 
vation. 

Theodore  Roosevelt. 

EXECUTIVE  order  OCTOBER   10,   1905. 

Huron  Islands  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  unsurveyed  islands  of  the  Huron 
islands  group*  lying  near  the  south  shore  of  Lake  Superior,  as  shown 
by  the  General  Land  Office  map  of  the  State  of  Michigan  of  date 
1904,  and  situated  in  Sections  26.  27.  34  and  35,  township  53  north, 


212         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

range  29  west,  as  the  same  appear  in  part  upon  the  official  plat  of 
survey  of  said  township  approved  June  4,  1847,  be,  and  they  are 
hereby  reserved  and  set  apart  for  the  use  of  the  Department  of 
Agriculture  as  a  preserve  and  breeding  ground  for  native  birds. 
This  reservation  to  be  known  as  the  Huron  Islands  Reservation. 

Theodore  Roosevelt, 
executive  .order  february  10,  1906.. 

Indian  Key  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Indian  Key,  an  island  in  Tampa  bay, 
Florida,  containing  ninety  acres,  and  located  in  sections  10  and  15, 
town.ship  32  south,  ran^e  IG  eastj  as  the  same  appears  upon  the  offi- 
cial plat  of  survey  of  said  township  on  file  in  the  General  Land  Office, 
be,  and  it  is  hereby  reserved  and  set  apart  for  the  use  of  the  Depart- 
ment of  Agriculture,  as  a  preserve  and  breeding  ground  for  native 
birds.     This  reservation  to  be  known  as  Indian  Key  Reservation. 

Theodore  Roosevelt. 

executive  order  august  8,  1907. 

Tern  Islands  Reservation  for  birds,  created. 

It  is  hereb^y  ordered  that  all  small  islets,  commonly  called  mud 
lumps,  in  or  near  the  mouths  of  the  Mississippi  River,  Louisiana, 
located  within  the  area  segregated  and  shown  upon  the  diagram 
hereto  attached  and  made  a  part  of  this  order,  are  hereby  reserved 
and  set  aside  for  the  use  of  the  Department  of  Agriculture,  as  a 
preserve  and  breeding  ground  for  native  birds.  This  reservation  to 
be  known  as  Tern  Islands  Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  AUGUST   17,   1907. 
SheU  Keys  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  Executive  Order  of  July  9,  1855, 
creating  the  Light  House  Reservation  which  embraces  a  small  group 
of  unsurveyed  islets  located  in  the  Gulf  of  Mexico  about  tliree  and 
one-half  miles  south  of  Marsh  Island,  Louisiana,  and  approximately 
in  latitude  29°  26'  north,  longitude  91°  51'  west  from  Greenwich, 
as  appears  upon  United  States  Coast  Survey  Chart  No.  200,  be,  and 
the  same  is  hereby  vacated  and  set  aside;  and  it  is  also  ordered  that 
these  islets,  located  within  the  area  segregated  and  shown  upon  the 
diagram  hereto  attached  and  made  a  part  of  this  Order,  be,  and  they 
are  hereby  reserved  and  set  apart  for  the  use  of  the  Department  oi 
Agriculture  as  a  preserve  and  breeding  ground  for  native  birds. 
This  reservation  to  be  known  as  Shell  Keys  Reservation. 

Theodore  Roosemslt. 
executive  order  october  14,  1907.    [no.  699.] 

Three  Arch  Rocks  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  group  of  small  unsurveyed  islands 
known  as  the  "  Three  Arch  Rocks,"  located  in  the  Pacific  Ocean  from 
one-half  mile  to  one  mile  off  the  coast  of  Oregon,  approximately  in 
latitude  45°  28"  north,  longitude  124"  west  from  (ireenwioh,  as 
shown  upon  the  United  States  Coast  Survey  Chart  No.  0100,  and 
located  within  the  area  segregated  i>y  a  broken  line  and  shown  upon 
the  diagram  hereto  attached  and  made  a  part  of  this  order,  is  hereby 


BUREAU    OF   BIOLOGICAL   SURVEY.  213 

reserved  and  set  aside  for  the  use  of  the  Department  of  Agriculture 
as  a  preserve  luul  breeding  ground  for  native  birds  and  animals.  This 
reservation  to  be  known  as  Three  Arch  Hocks  Reservation. 

Theodore  Hoosevelt. 
executive  order  october  23,  1907.    [no.  703.] 

Flattery  Rocks  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  small,  unsurveyed  and  unreserved 
islands  lying  ott'  the  coast  of  the  State  of  Washington  in  the  Pacific 
Ocean,  between  latitudes  48°  02'  North  and  48°  23'  North,  among 
wiiich  are  those  named  and  commonly  known  as  Spike  Rock,  Father 
and  Son,  Bodiel-teh  Islets,  Flattery  Rocks,  Ozette  Island  and  AVliite 
Rock,  as  the  same  are  shown  upon  the  coast  survey  chart  No.  6400, 
or  upon  the  General  Land  Office  map  of  the  State  of  Washington, 
dated  1887.  and  located  within  the  area  segregated  by  a  broken  line 
and  shown  upon  the  diagram  hereto  attached  and  made  a  part  of  this 
order,  are  hereby  reserved  and  set  aside  for  the  use  of  the  Depart- 
ment of  Agriculture,  as  a  preserve  and  breeding  ground  for  native 
birds  and  animals.  This  reservation  to  be  known  as  Flattery  Rocks 
Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  OCTOBER  23.   1907.      [No.   704.] 
Copalis  Rock  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  small,  unsurveyed  islands  lying  off  the 
coast  of  the  State  of  Washington  in  the  Pacific  Ocean,  between  lati- 
tudes 47°  8'  North,  and  47°  29'  North,  among  which  are  those  named 
and  commonly  known  as  Arch  Island,  Sea  Lion  Rock,  Willoughby 
Rock,  Split  Rocks,  Sonora  Reef,  Greenville  Arch  and  Copalis  Rock, 
as  the  same  are  shown  upon  coast  survey  chart  No.  6400,  or  upon 
the  General  Land  Office  map  of  the  State  of  Washington,  dated  1887, 
and  located  within  the  area  segregated  by  a  broken  line  and  shown 
upon  the  diagram  hereto  attached  and  made  a  part  of  this  order,  are 
iiereby  reserved  and  set  aside  for  the  use  of  the  Department  of  Agri- 
culture as  a  preserve  and  breeding  ground  for  native  birds  and 
animals.    This  reservation  to  be  known  as  Copalis  Rock  Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  OCTOBER  23,  1907.     [No.  705.] 
Cluillayute  Needles  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  small,  unsurveyed  and  unreserved 
islands  lying  off  the  coast  of  the  State  of  Washington  in  the  Pacific 
Ocean,  between  latitudes  47°  38'  North,  and  48°  02'  North,  among 
which  are  those  named  and  commonly  known  as  Hand  Rock,  Carroll 
Islets,  Bald  Island.  Jagged  Islet,  Cake  Rock,  James  Island,  Hunting- 
ton Rock,  Quillayute  Needles,  Rounded  Islet,  Alexander  Island, 
Perkins  Reef,  North  Rock,  Middle  Rock,  Abbey  Island  and  South 
Rock,  as  the  same  are  shown  upon  coast  survey  chart  No.  6400,  or 
upon  the  General  Land  Office  map  of  the  State  of  Washington,  dated 
1887,  and  located  within  the  area  segregated  by  a  broken  line  and 
shown  upon  the  diagram  hereto  attached  and  made  a  part  of  this 
order  are  hereby  reserved  and  set  aside  for  the  use  of  the  Department 


214         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

of  Agriculture  as  a  preserve  and  breeding  ground  for  native  birds 
and  animals.  This  reservation  to  be  known  as  Quillayute  Needles 
Reservation. 

Theodore  Roosevelt. 

executive  order  december  7,  1907.    [no.  718.] 

East  Timbalier  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  a  .small  marshy  island  commonly  known 
as  East  Timbalier  IslanH,  formerly  a  part  of  the  military  reserva- 
tion abandoned  for  military  purposes  by  Executive  order  of  Septem- 
ber 23,  188(5,  located  in  the  Gulf  of  Mexico,  State  of  Louisiana,  ap- 
proximately in  latitude  29°  3'  north,  longitude  90°  18'  west  from 
Greenwich,  as  shown  upon  the  United  States  Coast  Survey  Chart  No. 
197,  and  located  within  the  area  segregated  by  the  broken  line  shown 
upon  the  diagram  hereto  attached  and  made  a  part  of  this  order,  is 
hereby  reserved  and  set  apart  for  the  use  of  the  Department  of  Ag- 
riculture as  a  preserve  and  breeding  ground  for  native  birds.  This 
reserve  to  be  known  as  the  East  Timbalier  Island  Reservation. 

Theodore  Roosevelt. 

executive  order  february  24,  1908.    [no.  763.] 

Mosquito  Inlet  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  small  mangrove  and  salt  grass  islets, 
shoals,  sand  bars  and  sand  spits,  situated  in  Mosquito  Inlet,  and  in 
and  near  the  mouths  of  the  Halifax  and  Hillsboro  Rivers,  in  townships 
sixteen  and  seventeen  south,  range  thirty-four  east  of  the  Talla- 
hassee Meridian,  Florida,  and  located  within  the  area  segregated  by 
a  broken  line,  and  shown  upon  the  diagram  hereto  attached  and  made 
a  i^art  of  this  order,  are  hereby  reserved  and  set  aside  for  the  use  of 
the  Department  of  Agriculture  as  a  preserve  and  breeding  ground 
for  native  birds.  This  reservation  to  be  known  as  the  Mosquito  Inlet 
Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  APRIL  6,  1908.     [No.  779.]  ^ 

Tortugas  Keys  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  islands  embraced  within  the  group 
known  as  the  Dry  Tortugas,  located  in  the  Gulf  of  Mexico  near  the 
western  extremity  of  the  Florida  Keys,  approximately  in  latitude 
twenty-four  degrees  thirty-eight  minutes  north,  longitude  eighty- 
tAvo  degrees  fifty-two  minutes  west  from  Greenwich,  and  situated 
within  the  area  segregated  by  a  broken  line  upon  the  diagram  hereto 
attached  and  made  a  part  ol  this  order,  are  hereby  reserved  and  set 
aside  for  the  use  of  the  Department  of  Agrioilture  as  a  preserve  and 
breeding  ground  for  native  birds;  but  the  reservation  made  by  this 
order  is  not  intended  to  interfere  with  the  use  of  these  islands  for 
necessary  military  purposes  under  the  Executive  Order  of  Septem- 
ber 17,  1815,  creating  the  Dry  Tortugas  Military  Reservation,  nor  to 
in  any  manner  vacate  such  order,  except  that  such  military  use  shall 
no(  extend  to  the  occupation  of  the  islet  known  as  Bird  Key.  This 
re-^rvation  to  be  known  as  Tortugas  Keys  Reservation. 

Theodore  Roosevelt 


BUREAU   OF   BIOLOGICAL   SURVEY.  215 

EXECUTIVE  ORDER  AUGUST  8,  1908.     [No.  923.] 
Key  West  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  keys  and  islands  of  the  Florida  keys 
group,  between  latitude  24"  27'  and  24°  40'  north,  and  longitude  81° 
49'  and  82°  10'  west  from  Greenwich,  as  the  same  are  shown  upon 
coast  survey  chart  No.  170,  and  located  within  the  area  segregated  by 
the  broken  line  shown  upon  the  diagram  hereto  attached  and  made  a 
part  of  this  order,  are  hereby  reserved  and  set  aside  for  the  use  of  the 
Department  of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds.  This  reservation  is  subject  to,  and  is  not  intended  to 
interfere  with,  the  use  of  "  Marquesas  keys  "  for  life  saving  purposes, 
leserved  by  Executive  Order  of  March  12,  1884,  nor  with  the  use  of 
"Man  key"  and  "Woman  key",  reserved  for  naval  purposes  by 
Executive  Order  of  June  8,  1908 ;  nor  is  it  intended  in  any  manner  to 
vacate  such  orders.  This  reservation  to  be  Icnown  as  Key  West 
Reservation, 

Theodore  Roosevelt 

EXECUTIVE  ORDER  AUGUST  8.  1908.     [No.  924.] 
Klamath  Lake  Reservation  for  birds,  created. 

It  is  hereby'  ordered  that  all  islands  situated  in  Lower  Klamath 
Lake,  and  the  marsh  and  swamp  lands  unsuitable  for  agricultural 
purposes  in  townships  thirty-nine,  forty,  and  forty-one  south,  ranges 
eight  and  nine,  and  township  forty-one  south,  range  ten,  all  east  of 
the  Willamette  Meridian,  Oregon,  and  in  townships  forty-seven  and 
forty-eight  north,  ranges  one,  two  and  three  east  of  Mount  Diablo 
Meridian.  California,  and  situated  within  the  area  segregated  by  a 
broken  line,  as  shown  upon  the  diagram  hereto  attached  and  made  a 
part  of  this  order,  are  hereby  re.served  and  set  aside  for  the  use  of  the 
Department  of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds.  The  taking  or  the  destruction  of  birds'  eggs  and  nests, 
and  the  taking  or  killing  of  any  species  of  native  bird  for  any  pur- 
pose whatever  is  j^rohibited,  and  warning  is  expressly  given  to  all 
persons  not  to  commit  within  the  reserved  territory  any  of  the  acts 
hereby  enjoined.  This  order  is  made  subject  to  and  is  not  intended 
to  interfere  with  the  use  of  any  part  of  the  reserved  area  by  the 
Reclamation  Service  acting  under  the  provisions  of  the  act  approved 
June  17,  1902,  or  any  subsequent  legislation.  This  reserve  to  be 
known  as  Klamath  Lake  Reservation. 

Theodore  Roosevelt 

EXECUTIVE  ORDER  AUGUST  18,  1908.     [No.  929.] 

lake  Malheur  Reservation  for  birds,  created.  , 

It  is  hereby  ordered  that  all  smallest  legal  subdivisions  which  touch 
the  shore  line  of  Lakes  Malheur  and  Harney  and  the  streams  and 
waters  connecting  these  lakes  in  township  twenty-five  south,  ranges 
thirty-two,  thirty-two  and  one-half  and  thirty-three;  township 
twenty-six  south,  ranges  twenty-nine,  thirty,  thirty-one,  thirty-two 
and  thirtj^-three ;  township  twenty-seven  south,  ranges  twenty-nine, 
twenty-nine  and  one-half,  thirty  and  thirty-two,  all  east  of  the  Willa- 
mette Meridian,  Oregon,  together  with  all  islands  and  unsurveyed 
lands  situated  within  the  meander  lines  of  said  lakes  and  connecting 
waters,  as  segregated  by  the  broken  line  shown  upon  the  diagram 


216         LAWS   APPLICABLE    TO   DEPARTMENT   OF  AGRICULTURE. 

hereto  attached  and  made  a  part  of  this  Order,  are  hereby  reserved, 
subject  to  valid  existing  rights,  and  set  aside  for  the  use  of  the  De- 
partment of  Agriculture  as  a  preserve  and  breeding  ground  for  native 
birds.  The  taking  or  destruction  of  birds'  eggs  and  nests,  and  the 
taking  or  killing  of  any  species  of  native  bird  for  any  purpose  what- 
soever, except  under  such  rules  and  regulations  as  may  be  prescribed 
by  the  Secretary  of  Agriculture,  is  prohibited,  and  warnmg  is  ex- 
pressly given  to  all  persons  not  to  commit  within  the  reserved  terri- 
tory any  of  the  acts  hereby  enjoined.  This  reserve  to  be  known  as 
Lake  Malheur  Reservation. 

Theodore  Roosevelt 

EXECUTIVE  ORDER  AUGUST  28,  1908.     [No.  932.] 
Chase  Lake  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  of  the  unappropriated  public  lands 
lying  within  the  meander  lines  of  Chase  Lake  in  township  one  hun- 
dred and  forty-one  north,  range  sixty-nine  west  of  the  Fifth  Principal 
Meridian,  North  Dakota,  as  shown  upon  the  township  plat  of  survey 
approved  November  3,  1875,  and  as  segi'egated  by  the  broken  lines 
upon  the  diagram  hereto  attached  and  made  a  part  of  this  Order,  are 
hereby  reserved  and  set  aside  for  the  use  of  the  Department  of  Agri- 
culture as  a  reserve  and  breeding  ground  for  native  birds.  The 
taking  or  destruction  of  birds'  eggs  and  nests,  and  the  taking  or 
killing  of  any  species  of  native  bird  for  any  purpose  whatsoever  is 
prohibited,  and  warning  is  expressly  given  to  all  persons  not  to  com- 
mit within  the  reserved  territory  any  of  the  acts  hereby  enjoined. 
This  reserve  to  be  known  as  Chase  Lake  Reservation. 

Theodore  RoosentiI/T 

EXECUTIVE  ORDER  SEPTEMBER  15,  1908.     [No.  939.] 
Pine  Island  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  two  small,  unsurveyed  islets,  commonly 
known  as  "  Bird  Island  "  and  "  Middle  Island,"  located  approx- 
imately in  latitude  twenty-six  degrees  forty  minutes  north,  longitude 
eighty-two  degrees  fourteen  minutes  west  from  Greenwich,  and  a 
small  bird  island,  approximately  in  latitude  twenty-six  degrees  thirty- 
seven  minutes  north,  longitude  eighty-two  degrees  ten  minutes  west 
from  GreenAvich,  all  in  and  near  the  northern  end  of  Pine  Island 
Sound  on  the  west  coast  of  Florida  as  shown  upon  the  United  States 
Coast  Survey  Chart  No.  175,  and  located  within  the  areas  segre«^ated 
by  the  broken  lines  and  shown  upon  the  diagram  hereto  attached  and 
made  a  ]ia?;t  of  this  order,  are  hereby  reserved  and  set  ajiart  for  the 
use  of  the  Department  olP  Agriculture  as  a  preserve  and  breeding 
ground  for  native  birds.  The  taking  or  destruction  of  birds'  eggs 
or  nests,  and  the  taking  or  killing  of  any  sjDecies  of  native  bird  for 
any  purpose  whatsoever,  except  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  Secretary  of  Agi-iculture,  is  prohibited,  and 
warning  is  expressly  given  to  all  persons  not  to  commit  within  the 
reserved  territory  any  of  the  acts  hereby  enjoined.  This  reserve  to 
be  known  as  Pine  Island  Reservation. 

Theodore  Roosevtelt. 


BUREAU    OF   BIOLOGICAL   SURVEY.  217 

EXECUTIVE  ORDER  SEPTEMBER  28,   1908.      [No.  942.] 
Falma  Sola  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  a  small,  unsurveyed  island  in  Palma  Sola 
bay,  Florida,  approximately  in  latitude  twenty-seven  degrees,  twenty- 
nine  minutes  north,  longitude  eighty-two  degrees  forty  minutes  west 
from  Greenwich,  as  the  same  appears  upon  Coast  Survey  Chart  num- 
ber one  hundred  and  seventy-five  and  located  within  the  area  segre- 
gated by  the  broken  line  as  shown  upon  the  diagram  hereto  attached 
and  made  a  part  of  this  order,  is  herebj'^  reserved  and  set  apart  for 
the  use  of  the  Department  of  Agriculture  as  a  preserve  and  breeding 
ground  for  native  birds.  The  taking  or  the  destruction  of  birds'  eggs 
and  nests,  and  the  taking  or  killing  of  any  species  of  native  bird  for 
any  purpose  whatever,  except  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  Secretary  of  Agriculture,  is  prohibited,  and 
warning  is  expressly  given  to  all  persons  not  to  commit  any  of  the 
acts  hereby  enjoined.  This  reservation  to  be  known  as  Palma  Sola 
Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  SEPTEMBER  26,  1908.     [No.  943.] 
Matlacha  Pass  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  three  small  islands  located  in  Matlacha 
Pass,  Florida,  approximately  in  latitude  twenty-six  degrees,  thirty- 
four  minutes  north,  longitude  eighty-two  degrees,  four  minutes,  and 
latitude  twenty-six  degrees,  thirty-two  minutes  north,  longitude 
eighty-two  degrees,  three  minutes,  as  the  same  appear  upon  Coast 
Survey  Chart  number  one  hundred  seventy-five,  and  one  island 
approximately  in  latitude  twenty-six  degrees,  thirty-one  minutes 
north,  longitude  eighty-two  degrees,  two  minutes,  not  shown  iipon 
said  chart,  all  west  from  Greenwich  and  located  within  the  areas 
segregated  by  the  broken  lines  shown  upon  the  diagram  hereto  at- 
tached and  made  a  part  of  this  order,  are  hereby  reserved  and  set 
aside  for  the  use  of  the  Department  of  Agriculture  as  a  preserve  and 
breeding  ground  for  native  birds.  The  taking  or  destruction  of  birds' 
eggs  and  nests  and  the  taking  or  killing  of  any  species  of  native  bird 
for  any  purpose  whatever,  except  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  Secretary  of  Agriculture,  is  prohibited, 
and  warning  is  expressly  given  to  all  persons  not  to  commit  any  of 
the  acts  hereby  enjoined.  This  reserve  to  be  known  as  Matlacha  Pass 
Reservation. 

Theodore  Roosevelt. 

executive  order  october  23,  1908.    [no.  958.] 

Island  Bay  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  of  the  unsurveyed  mangrove  and  other 
islands  in  township  forty-two  south,  range  twenty-one  east,  of  the 
Tallahassee  Principal  Meridian,  Florida,  situated  southerly  from  the 
surveyed  .shore  line,  as  the  same  appears  upon  the  official  plat  of  said 
township  in  the  General  Land  Office,  approved  July  23,  1850,  and 
located  within  the  area  segregated  by  the  broken  line  shown  upon  the 
diagram  hereto  attached  and  made  a  part  of  this  Order,  are  hereby 


218         LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

reserved  and  set  aside  for  the  use  of  the  Department  of  Agriculture 
as  a  preserve  and  breeding  ground  for  native  birds.  The  taking  or 
destruction  of  birds'  eggs  and  nests,  and  the  taking  or  killing  of  anj' 
species  of  native  bird  tor  any  purpose  whatever,  except  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  Agri- 
culture, is  prohibited  and  warning  is  expressly  given  to  all  persons 
not  to  commit  any  of  the  acts  hereby  enjoined.  This  reserve  to  be 
known  as  Island  Bay  Reservation. 

Theodore  Roosevelt. 

EXECTTTIVE  ORDER  OCTOBER  26,  1908.     [No.  961.] 
Loch  Katrine  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  all  of  the  lands  embraced  within  the 
meander  survey  of  a  reservoir  site  located  in  what  is  commonly  known 
as  the  Oregon  Basin,  embracing  five  thousand  five  hundred  acres, 
more  or  less,  in  section  five,  township  fifty-one  north,  range  one  hun- 
dred west,  sections  nineteen,  twenty,  twenty-one,  twenty-two,  twenty- 
seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two,  thirty- 
three  and  thirty-four,  township  fifty-two  north,  range  one  hundred 
west  of  the  Sixth  Principal  Meridian,  Wyoming,  together  with  a 
strip  of  land  fifty  feet  wide  adjoining  said  meander  survey  on  the 
outside  and  surrounding  said  reservoir  site,  as  the  said  reservoir  site 
appears  upon  the  mnp  of  the  Shoshone  River  canal,  on  file  in  the  Gen- 
eral Land  Office,  approved  March  13,  1903,  and  as  the  same  is  shown 
by  the  broken  line  upon  the  diagram  hereto  attached  and  made  a  part 
of  this  Order,  are  hereby  reserved,  subject  to  valid  existing  rights, 
and  set  aside  for  the  use  of  the  Department  of  Agriculture  as  a  pre- 
serve and  breeding  ground  for  native  birds.  The  taking  or  destruc- 
tion of  birds'  eggs  and  nests,  and  the  taking  or  killing  of  any  species 
of  native  bird  for  any  purpose  whatever,  except  under  such  rules  and 
regulations  as  may  be  jDrescribed  by  the  Department  of  Agriculture, 
is  prohibited,  and  warning  is  expressly  given  to  all  persons  not  to 
commit  any  of  the  acts  hereby  enjoined.  This  reserve  to  be  known  as 
the  Loch-Katrine  Reservation. 

Theodore  Roose\t:lt. 

executive  order  february  3,  1909.    [no.  1019.] 

Hawaiian  Islands  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  following  islets  and  reefs,  namely: 
Cure  Island,  Pearl  and  Hermes  Reef,  Lysianski  or  Pell  Island, 
Laysan  Island,  Mary  Reef,  Dowsetts  Reef,  Gardiner  Island,  Two 
Brothers  Reef,  French  Frigate  Shoal,  Necker  Island,  Frost  Shoal 
and  Bird  Island,  situated  in  the  Pacific  Ocean  at  and  near  the  extreme 
western  extension  of  the  Hawaiian  archipelago  between  latitudes 
twenty-three  degi'ees  and  twenty-nine  degrees  north,  and  longitudes 
one  hundred  and  sixty  degi'ees  and  one  hundred  and  eighty  degi*ees 
west  from  Greenwich,  and  located  within  the  area  segregated  by  the 
broken  lines  shown  upon  the  diagram  hereto  attached  and  made  a 
part  of  this  order,  are  herebv  reserved  and  set  apart,  subject  to  valid 
existing  rights,  for  the  use  oi  the  Department  of  Agriculture  as  a  pre- 
serve and  breeding  ground  for  native  birds.  It  is  unlawful  for  any 
person  to  hunt,  trap,  capture,  wilfully  disturb,  or  kill  any  bird  of  any 
kind  whatever,  or  take  the  eggs  of  such  birds  within  the  limits  of  this 


BUREAU   OF  BIOLOGICAL   SURVEY.  219 

reservation  except  under  such  rules  and  regulations  as  may  be  pre- 
scribed from  time  to  time  by  the  Secretary  of  Agriculture.  Warning 
is  expressly  given  to  all  pei-sons  not  to  commit  any  of  the  acts  herein 
ennniorated  and  which  are  prohibited  by  law. 

This  reservation  to  be  known  as  the  Hawaiian  Islands  Reservation. 

Theodore  Roosevelt. 

executive  order  february  25,  1909.    [no.  1032.] 

Salt  River,  East  Park,  Deer  Flat.  Minidoka,  Willow  Creek,  Carlsbad,  Rio  Grande, 
Cold  Springs,  Belle  Fourche,  Strawberry  Valley,  Keechelus  Lake,  Kachess 
Lake,  Clealum  Lake,  Bumping  Lake,  Conconully,  Pathfinder,  and  Shoshone, 
Reservations  for  birds,  created. 

It  is  hereby  ordered  that  the  following  reservoir  sites,  namely: 
Salt  River,  Arizona;  East  Park.  California;  Deer  Flat  and  Mini- 
doka, Idaho;  Willow  Creek,  Montana;  Carlsbad  and  Rio  Grande, 
New  Mexico ;  Cold  Springs.  Oregon ;  Belle  Fourche,  South  Dakota ; 
Strawberry  Valley,  Utah;  Keechelus  Lake,  Kachess  Lake,  Clealum 
Lake.  Bumping  Lake  and  Conconully,  Washington,  and  Shoshone 
and  Pathfinder,  Wyoming,  together  with  the  smallest  legal  subdivi- 
sions of  land  adjoining  the  flow  lines  thereof  as  segregated  by  the 
broken  lines  upon  the  diagrams  hereto  attached  and  made  a  part  of 
this  order,  are  hereby  reserved,  subject  to  Reclamation  Service  uses 
under  the  provisions  of  the  act  approved  June  17,  1902  (32  Stat., 
388),  and  to  any  other  valid  existing  rights,  and  are  set  apart  for  the 
use  of  the  Department  of  Agriculture  as  preserves  and  breeding 
grounds  for  native  birds.  It  is  unlawful  for  any  person  to  hunt,  trap, 
capture,  wilfully  disturb  or  kill  any  bird  of  any  kind  whatever  or 
take  the  eggs  of  such  birds  within  the  limits  of  these  reservations, 
except  under  such  rules  and  regulations  as  may  be  prescribed  by  the 
Secretary  of  Agi'iculture.  Warning  is  expressly  given  to  all  persons 
!iot  to  commit  any  of  the  acts  herein  enumerated  and  which  are  pro- 
hibited by  law. 

These  reservations  to  be  known  by  the  names  designating  the 
reserved  tracts  upon  the  diagrams  attached. 

Theodore  Roosevelt. 

executive  order  february  21,  1912.    [no.  i486.] 

Minidoka  Reservation  for  birds,  enlarged. 

It  is  hereby  ordered  that  the  Minidoka  Reservation,  Idaho,  for  the 
protection  of  native  birds,  created  by  Executive  Order  dated  Febru- 
ary 25,  1909,  be,  and  the  same  is  hereby,  enlarged  so  as  to  include 
all  of  the  reservoir  known  as  Lake  Walcott,  together  with  the  smallest 
legal  subdivisions  of  land  adjoining  the  flow  line  thereof,  as  segre- 
gated by  the  broken  line  and  shown  upon  the  diagram  hereto  attached 
and  made  a  part  of  this  order.  It  is  unlawful  for  any  person  to 
hunt,  trap,  capture,  wilfully  disturb,  or  kill  any  bird  of  any  kind 
whatever,  or  take  the  eggs  of  such  birds  within  the  limits  of  this 
reservation,  except  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  Agriculture.  Warning  is  expressly  given 
to  all  persons  not  to  commit  any  of  the  acts  herein  enumerated  and 
which  are  prohibited  by  law. 

Wm.  H.  Taft. 


220         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

EXECUTIVE  ORDER  FEBRUARY  27,  190?.     [No.  1037.] 
Bering  Sea  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Saint  Matthew  island,  Hall  island,  and 
Pinnacle  islet,  situated  in  Berin<,'  Sea,  approximately  in  latitude 
sixty  degrees,  thirty  minutes  north,  longitude  one  hundred  and  sev- 
ent3''-two  degrees,  thirty  minutes  Avest  from  Greenwich,  as  segregated 
by  the  broken  line  shown  upon  the  diagram  hereto  attached  and  made 
a  part  of  this  order,  be  and  the  same  are  hereby  reserved  and  set 
apart  for  the  use  of  the  Department  of  Agriculture  as  a  preserve  and 
breeding  ground  for  native  birds.  It  is  unlawful  for  any  person  to 
hunt,  trap,  capture,  wilfully  disturb,  or  kill  any  bird  of  any  kind 
whatever,  or  take  the  eggs  of  such  birds  within  the  limits  of  this  reser- 
vation, except  under  such  rules  and  regulations  as  may  be  prescribed 
by  the  Secretary  of  Agriculture.  Warning  is  expressly  given  to  all 
persons  not  to  commit  any  of  the  acts  herein  enumerated  and  which 
are  prohibited  by  law.  This  bird  refuge  to  be  known  as  Bering  Sea 
Reservation. 

Theodore  Roosevelt. 

EXECUTIVE  ORDER  FEBRUARY  27.  1909.     [No.  1039.] 

Tuxedni  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  Chisick  Island  and  Egg  Island,  situated 
approximately  in  latitude  sixty  degrees,  fifteen  minutes  north,  longi- 
tude one  hundred  and  fifty-two  degrees,  thirty  minutes  west  from 
Greenwich,  at  the  entrance  to  Tuxedni  harbor.  Cook  Inlet,  Alaska, 
as  segregated  by  the  broken  line  shown  upon  the  diagram  hereto 
attached  and  made  a  part  of  this  order,  be  and  the  same  are  hereby 
reserved  and  set  apart  for  the  use  of  the  Department  of  Agriculture 
as  a  preserve  and  breeding  gi'ound  for  native  birds.  It  is  unlawful 
for  any  person  to  hunt,  trap,  capture,  w  ilfully  disturb,  or  kill  any  bird 
of  any  kind  whatever,  or  take  the  eggs  of  such  birds  within  the  limits 
of  this  reservation,  except  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  Secretary  of  Agriculture.  Warning  is  expressly 
given  to  all  persons  not  to  commit  any  of  the  acts  herein  enumerated 
and  which  are  prohibited  by  law.  This  bird  refuge  to  be  known  as 
Tuxedni  Reservation. 

Theodore  Roosevelt. 

executive  order  february  27,  1909.    [no.  1040.] 

Saint  Lazaria  Reservation  for  birds,  created. 

It  is  hereby  ordered  (hat  the  island  of  Saint  Lazaria,  situated  at  the 
entrance  to  Sitka  Sound,  Alaska,  approximately  in  latitude  fifty-six 
degrees,  fifty-nine  minutes  north,  longitude  one  hundred  and  thirty- 
five  degrees,  forty-two  minutes  west  from  Greenwich,  as  segregated 
bv  the  broken  line  shown  upon  the  diagram  hereto  attached  and  made 
a  part  of  this  order,  be  and  the  same  is  hereby  reserved  and  set  apart 
for  the  use  of  the  Department  of  Agriculture  as  a  preserve  and  breed- 
ing gix)und  for  native  birds.  It  is  unlawful  for  any  person  to  hunt, 
(rap,  ca|)ture,  wilfully  disturb,  or  kill  any  bird  of  any  kind  what- 
ever, or  take  the  eggs  of  such  birds  within  the  limits  of  this  reserva- 
tion, e.xcept  under  such  rules  and  regulations  as  may  be  prescribed 
by  the  Secretary  of  Agi'iculture.     Waming  is  expressly  given  to  all 


BUREAU   OF   BIOLOGICAL   SURVEY.  221 

persons  not  to  commit  any  of  the  acts  herein  enumerated  and  whicli 
are  prohibited  by  law.  This  bird  refuge  to  be  known  as  Saint 
Lazaria  Reservation. 

Theodore  Roosevelt. 

executive  order  february  27,  1909.    [no.  1041.] 

Yukon  Delta  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  treeless  tundra  of  the  delta  of  the 
Yukon  river,  Alaska,  situated  west  of  longitude  one  hundred  and 
sixty-two  degrees  and  twenty  minutes  west  from  Greenwich  and 
south  of  the  Yukon  river,  as  segregated  by  the  broken  line  shown 
upon  the  diagram  hereto  attached  and  made  a  part  of  this  order,  be 
and  the  same  is  hereby  reserved  and  set  apart  for  the  use  of  the 
Department  of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds.  It  is  unlawful  for  any  person  to  hunt,  trap,  capture, 
wilfully  disturb,  or  kill  any  bird  of  any  kind  whatever,  or  take  the 
eggs  of  such  birds  within  the  limits  of  this  reservation,  except  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of 
Agriculture.  Warning  is  expressly  given  to  all  persons  not  to  com- 
mit any  of  the  acts  herein  enumerated  and  which  are  prohibited  by 
law.     This  bird  refuge  to  be  known  as  Yukon  Delta  Reservation. 

Theodore  Roosevelt. 

executive  order  february  27,  1909.    [no.  1042.] 

Culebra  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  islands  of  the  Culebra  group,  Porto 
Rico,  approximately  in  latitude  eighteen  degrees,  twenty  minutes 
north,  longitude  sixty-five  degrees,  twenty  minutes  west  from  Green- 
wich, excepting  Culebra  island,  be  and  the  same  are  hereby  reserved, 
subject  to  their  use  for  naval  and  li'ght-house  purposes  under  the 
provisions  of  the  Proclamations  and  Executive  Orders  heretofore 
issued  and  creating  such  reservations,  and  set  apart  for  the  use  of  the 
Department  of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds.  It  is  unlawful  for  any  person  to  hunt,  trap,  capture, 
wilfully  disturb,  or  kill  any  bird  of  any  kind  whatever,  or  take  the 
eggs  of  such  birds  within  the  limits  of  this  reservation,  except  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of 
Agi'iculture.  Warning  is  expressly  given  to  all  persons  not  to  com- 
mit any  of  the  acts  herein  enumerated  and  which  are  prohibited  by 
law. 

This  reservation  to  be  known  as  Culebra  Reservation. 

Theodore  Roosevelt. 

executive  order  february  27,  1909.    [no.  1043.] 

Farallon  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  Middle  and  North  Farallon  islands 
and  other  rocks  to  the  Northwest  of  same,  in  Califoniia.  situated 
approximately  in  latitude  thirty-seven  degrees  and  forty-five  min- 
utes north,  longitude  one  hundred  and  twenty-three  degrees  and  five 
minutes  west  from  Greenwich,  and  located  within  the  area  segregated 
by  the  broken  line  upon  the  diagram  hereto  attached  and  made  a  part 
of  this  order,  be  and  the  same  are  hereby  reserved  and  set  apart  for 


222         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

the  use  of  the  Department  of  Agriculture  as  a  preserve  and  breeding 
ground  for  native  birds.  It  is  unlawful  for  any  person  to  hunt,  trap, 
capture,  wilfully  disturb,  or  kill  any  birds  of  any  kind  whatever,  or 
take  the  eggs  of  such  birds  within  the  limits  of  this  reservation, 
except  under  such  rules  and  regulations  as  may  be  prescribed  by  the 
Secretary  of  Agriculture.  Warning  is  expressly  given  to  all  persons 
not  to  commit  any  of  the  acts  herein  enumerated  and  which  are 
prohibited  by  law.  This  reserve  to  be  known  as  Farallon  Reser- 
vation. 

Theodore  Roosevelt. 

executive  ordek  march  2,  1909.    [no.  1049.] 

Bogoslof  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  volcanic  islets,  commonly  known  as 
the  Bogoslof  islands  of  the  Aleutian  archipelago,  Alaska,  located 
approximately  in  latitude  fifty-three  degrees,  fifty-eight  minutes 
north,  longitude  one  hundred  and  sixty-seven  degrees,  fifty-three 
minutes  west  from  Greenwich,  be  and  the  same  are  hereby  reserved 
and  set  apart  for  the  use  of  the  Dejiartment  of  Agriculture  as  a 
preserve  and  breeding  ground  for  native  birds.  '  It  is  unlawful  for 
any  person  to  hunt,  trap,  capture,  wilfully  disturb,  or  kill  any  bird 
of  any  kind  whatever,  or  take  the  eggs  of  such  birds  within  the  limits 
of  this  reservation,  except  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  Secretary  of  Agriculture.  Warning  is  expressly 
given  to  all  persons  not  to  commit  any  of  the  acts  herein  enumerated 
and  which  are  prohibited  by  law. 

This  reserve  to  be  known  as  the  Bogoslof  Reservation. 

Theodore  Roosevelt. 

executive  order  april  2.  1909.    [no.  1057.] 

Mosquito  Inlet  Reservation  for  birds,  enlarged. 

It  is  hereby  ordered  that  all  unsurveyed  and  unappropriated  man- 
grove and  salt  grass  islets,  shoals,  sand  bars  and  sand  sjDits,  situated 
in  Halifax  River,  in  the  south  half  of  township  fifteen  south,  range 
thirty-three,  in  townships  sixteen  south,  ranges  thirty-three  and 
thirty-four,  and  in  township  seventeen  south,  range  thirty-four,  all 
east  of  the  Tallahassee  Meridian,  Florida,  and  located  within  the 
area  .segregated  by  a  broken  line  and  shown  upon  the  diagram  hereto 
attached  and  made  a  part  of  this  order,  be  and  the  .same  are  hereby 
reserved  and  set  aj^art  for  the  use  of  (he  Department  of  Agriculture 
as  a  preserve  and  breeding  ground  for  native  birds.  It  is  unlawful 
for  any  person  to  hunt,  trap,  capture,  wilfully  disturb  or  kill  any 
birds  of  any  kind  whatever,  or  take  the  eggs  of  such  birds  within  the 
limits  of  this  reservation,  except  under  such  rules  and  i-egnlations  as 
may  be  jirescribed  by  the  Secretary  of  Agriculture.  AVarning  is  ex- 
pressly given  to  all  persons  not  to  commit  any  of  the  acts  herein 
enumerated  and  which  are  prohibited  bv  law. 

Wm.  II.  Taft. 

EXECUTIVE   ORDER   JANUARY    11,    1912.      [No.    1458] 

Forrester  Island  Reservation  for  birds,  created. 

It  is  hereby  oi'dered  that  the  Forrester  and  AVolf  Rocks  Islands, 
within  (he  boundaries  of  the  Tongass  National  Forest,  Alaska,  situ- 


BUREAU    OF   BIOLOGICAL   SURVEY.  223 

ated  approximately  in  latitude  fifty-four  degrees,  forty-eight  minutes 
north,  longitude  one  hundred  thirty-three  degrees,  thirty-two  min- 
utes, and  latitude  fifty-five  degrees,  no  minutes  north,  longitude  one 
hundred  thirty-three  degrees,  thirty  minutes,  respectively^,  all  west 
from  Greenwich,  as  shown  upon  Coast  Survey  chart  No.  8150,  and 
located  within  the  area  segregated  by  the  broken  lines  upon  the 
diagram  hereto  attached  and  made  a  part  of  this  order,  be  and  the 
same  are  hereby  reserved  and  set  apart  for  the  use  of  the  Department 
of  Agi'iculture  as  a  preserve  and  breeding  ground  for  native  birds. 

It  IS  unlawful  for  any  person  to  hunt,  trap,  capture,  wilfully  dis- 
turb, or  kill  any  birds  of  any  kind  whatever,  or  take  the  eggs  of 
such  birds,  or  exercise  other  privilege  within  the  limits  of  this 
reservation,  except  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  Agriculture.  Warning  is  expressly  given 
to  all  persons  not  to  commit  any  of  the  acts  herein  specifically  enu- 
merated and  which  are  prohibited  by  law. 

This  reserve  to  be  known  as  Forrester  Island  Reservation. 

Wm.  H.  Taft. 

EXECUTIVE  ORDER  JANUARY  11,   1912.      [No.  1459.] 
Hazy  Islands  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  Hazy  Islands,  within  the  boundaries 
of  the  Tongass  National  Forest,  Alaska,  situated  approximately  in 
latitude  fifty-five  degrees,  fifty-four  minutes  north,  longitude  one 
hundred  thirty-four  degrees,  thirty-six  minutes,  west  from  Green- 
wich, as  shown  upon  Coast  Survey  chart  No.  8150,  and  located  within 
the  area  segregated  by  the  broken  line  upon  the  diagram  hereto 
attached  and  made  a  part  of  this  order,  be,  and  the  same  are  hereby, 
reserved  and  set  apart  for  the  use  of  the  Department  of  Agriculture 
as  a  preserve  and  breeding  ground  for  native  birds.  It  is  unlawful 
for  anv  person  to  hunt,  trap,  capture,  wilfully  disturb,  or  kill  any 
bird  o:^  any  kind  whatever,  or  take  the  eggs  of  such  birds,  or  exercise 
other  privilege  within  the  limits  of  this  reservation,  except  under 
such  rules  and  regulations  as  may  be  prescribed  b}'^  the  Secretary  of 
Agriculture.  Warning  is  expressly  given  to  all  persons  not  to  com- 
mit any  of  the  acts  herein  specifically  enumerated  and  which  are 
prohibited  by  law. 

This  reserve  to  be  known  as  the  Hazy  Islands  Reservation. 

Wm.  H.  Tayt. 

executive  order  january  11,  1912.    [no.  1461.] 

Niobrara  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  unentered,  unappropriated  public 
lands  embraced  in  sections  seventeen,  eighteen,  nineteen,  twenty, 
twenty-nine,  thirty,  thirty-one  and  thirty-two,  and  the  south  half  of 
sections  seven  and  eight,  in  township  thirty-four  north,  range  twenty- 
six;  sections  five,  six,  seven  and  eight,  in  township  thirty-three  north, 
range  twenty-six;  sections  thirteen,  twenty-four,  twenty-five  and 
thirty-six,  the  east  half  of  sections  twenty-six  and  thirty-five,  the 
east  half,  and  east  half  of  the  northwest  quarter  of  section  twenty- 
three,  the  east  half,  east  half  of  the  northwest  quarter,  and  east  half 
of  the  southwest  quarter  of  section  fourteen,  and  the  south  half  of 


224         LAWS   APPLICABLE    TO   DEPARTMENT   OF  AGRICULTURE. 

section  twelve,  in  township  thirty-four  north,  range  twenty-seven; 
and  sections  one  and  twelve,  and  the  east  half  of  sections  two  and 
eleven,  in  township  thirty-three  north,  range  twenty-seven,  all  west 
of  the  sixth  principal  meridian,  Nebraska,  embracing  approximately 
twenty-two  and  seven-eighths  square  miles,  as  shown  upon  the  dia- 
gram hereto  attached  and  made  a  part  of  this  order,  be,  and  the 
same  are  hereby,  reserved  and  set  apart  for  the  use  of  the  Depart- 
ment of  Agriculture  as  a  preserve  and  breeding  ground  for  native 
birds.  It  is  unlawful  for  any  person  to  hunt,  trap,  capture,  wilfully 
disturb,  or  kill  any  birds  of  any  kind  whatever,  or  take  the  eggs  ol 
such  birds,  within  the  limits  oi  this  reservation,  except  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  Agri- 
culture. Warning  is  expressly  given  to  all  persons  not  to  commit  any 
of  the  acts  herein  enumerated  and  which  are  prohibited  by  law. 
This  reserve  to  be  known  as  Niobrara  Reservation. 

Wm.  H.  Taft. 

EXECUTIVE  OEDER  JANUARY  13,  1912.     [No.  1464.] 
Clear  Lake  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  Clear  Lake  Reservation,  California, 
created  by  Executive  Order  dated  April  11,  1911,  for  the  protection 
of  native  birds,  be,  and  the  same  is  hereby,  reduced  in  area  by  the 
elimination  therefrom  of  all  land  lying  within  Section  eight,  town- 
ship forty-seven  north,  range  eight  east,  Mount  Diablo  Meridian,  as 
segregated  by  the  broken  line  shown  upon  the  diagram  hereto  at- 
tached and  made  a  part  of  this  order.  It  is  unlawful  for  any  j^erson 
to  hunt,  trap,  capture,  wilfully  disturb,  or  kill  any  bird  of  any  kind 
whatever,  or  take  the  eggs  of  such  birds  within  the  limits  of  this 
reservation,  except  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  Agriculture.  Warning  is  expressly  given 
to  all  persons  not  to  commit  any  of  the  acts  herein  enumerated  and 
which  are  prohibited  bv  law, 

AVm.  H.  Taft. 

executive  order  february  21,  1912.    [no.  1487.]  ^ 

Grsen  Bay  Reservation  for  birds,  created. 

It  is  hereby  ordered  that  the  islet  locally  known  as  Hog  Island, 
lying  about  one  lialf  mile  east  of  Washington  Island,  at  the  entrance 
to  Green  Bay,  and  situated  within  the  boundaries  of  Township  thirty- 
three  North,  Range  thirty  East  of  the  Fourth  Principal  Aleridian, 
Wisconsin,  as  located  within  the  area  segregated  by  the  broken  line 
upon  the  diagram  hereto  attached  and  m.ide  a  part  of  this  order,  be 
and  the  same  is  hereby  reserved  and  set  apart  for  the  use  of  the  De- 
partment of  Agriculture  as  a  preserve  and  breeding  ground  for 
native  birds.  It  is  unlawful  for  any  person  to  hunt,  trap,  capture, 
wilfully  disturb,  or  kill  any  birds  of  any  kind  whatever,  or  take  the 
eggs  of  such  birds,  except  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  Secretary  of  Agriculture.  Warning  is  expressly 
given  to  all  persons  not  to  commit  any  of  the  acts  herein  enumerated 
and  which  are  prohibited  by  law. 

This  reserve  to  be  known  as  the  Green  Bay  Reservation. 

Wm.  H.  Taft. 


BUREAU   OF   BIOLOGICAL  SURVEY.  225 

ACT  MAY  23,  1908.  c.  192.     (35  Stat.  251.) 

Montana  National  Bison  Range;  reservation  of  lands;  fencing  and  buildings. 

National  bison  range:  The  President  is  hereby  directed  to  reserve 
and  except  from  the  unallotted  lands  now  embraced  within  the  Flat- 
head Indian  Reservation,  in  the  State  of  Montana,  not  to  exceed 
twelve  thousand  eight  hundred  acres  of  said  lands,  near  the  confluence 
of  the  Fend  d'Oreille  and  Jocko  rivers,  for  a  permanent  national 
bison  range  for  the  herd  of  bison  to  be  presented  by  the  American 
Bison  Society.  And  there  is  hereby  appropriated  the  sum  of  thirty 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  enable 
the  Secretary  of  the  Interior  to  pay  the  confederated  tribes  of  the 
Flathead,  Kootenai,  and  Upper  Pend  d'Oreille,  and  such  other  In- 
dians and  persons  holding  tribal  relations  or  may  rightfully  belong 
on  said  Flathead  Indian  Reservation,  the  appraised  value  of  said 
lands  as  shall  be  fixed  and  determined  under  the  provisions  of  the 
Act  of  Congress  approved  April  twentj'-third,  nineteen  hundred  and 
four,  entitled  ''An  Act  for  the  survej'  and  allotment  of  lands  now 
embraced  within  the  limits  of  the  Flathead  Indian  Reservation,  in 
the  State  of  Montana,  and  the  sale  and  disposal  of  all  surplus  lands 
after  allotment."  And  the  Secretary  of  x\griculture  is  hereby  author- 
ized and  directed  to  inclose  said  lands  with  a  good  and  substantial 
fence  and  to  erect  thereon  the  necessary  sheds  and  buildings  for  the 
proper  care  and  maintenance  of  the  said  bison;  and  there  is  hereby 
appropriated  therefor  the  sum  of  ten  thousand  dollars  or  so  much 
thereof  as  may  be  necessary ;  in  all,  forty  thousand  dollars. 

Act  May  23,  1908,  c.  192,  35  Stat.  267. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above. 

Provisions  for  the  enlargement  of  the  Montana  National  Bison  Range, 
contained  in  the  agricultural  appropriation  act  for  the  fiscal  year  1910, 
are  set  forth  below. 

Appropriations  for  the  maintenance  of  the  Montana  National  Bison 
Range  are  made  in  the  agricultural  appropriation  acts  for  the  fiscal 
years  1910  and  thereafter.  The  provision  of  the  act  for  the  fiscal  year 
1913  Is  set  forth  on  p.  227,  pofit. 

ACT  MARCH  4.  1909,  c.  301.     (35  Stat.  1039.) 
Montana  National  Bison  Range;   enlargement. 

*  *  *  SO  much  of  the  forty  thousand  dollars  heretofore  appro- 
priated for  the  Montana  National  Bison  Range  as  remains  unex- 
pended is  hereby  reappropriated,  the  same  to  be  immediately  avail- 
able, to  be  expended  in  fencing  said  lands,  the  erection  thereon  of 
the  necessary  sheds  and  buildings,  and  enlarging  the  limits  hereto- 
fore established  so  as  to  make  the  total  acreage  not  to  exceed  twenty 
thousand  acres,  and  the  President  is  hereby  directed  to  reserve  and 
except  from  the  unallotted  lands  now  embraced  within  the  Flathead 
Indian  Reservation,  in  the  State  of  Montana,  a  sufficient  area  to 
enlarge  said  range  as  herein  provided;    *    *    * 

Act  March  4,  1909,  c.  301.  35  Stat.  1051. 

This  is  a  provision  accompanying  an  appropriation  for  the  maintenance 
of  the  Montana  National  Bison  Range,  in  the  agricultural  appropriation 
act  for  the  fiscal  year  1910,  cited  above. 

The  reservation  and  purchase  of  lands  for  a  National  Bison  Range  is 
provided  for,  and  an  appropriation  of  forty  thousand  dollars  is  made 
therefor,  by  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1909.  act  May  23,  1908,  c.  192.  set  forth  above. 

71657—13 15 


226         LAWS   APPLICABLE    TO   DEPARTMENT    OF   AGEICULTURE. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Wind  Cave  National  Game  Preserve;   acquisition  of  lands. 

For  the  establishment  of  a  national  game  preserve,  to  be  known 
as  the  AVind  Cave  National  Game  Preserve,  upon  the  land  embraced 
within  the  boundaries  of  the  Wind  Cave  National  Park,  in  the  State 
of  South  Dakota,  for  a  permanent  national  range  for  a  herd  of  buffalo 
to  be  presented  to  the  United  States  by  the  American  Bison  Society, 
and  for  such  other  native  American  game  animals  as  may  be  placed 
therein.  The  Secretary  of  Agriculture  is  authorized  to  acquire  by 
purchase  or  condemnation  such  adjacent  lands  as  may  be  necessary 
for  the  purpose  of  assuring  an  adequate,  permanent  water  supply, 
and  to  enclose  the  said  game  preserve  with  a  good  and  substantial 
fence  and  to  erect  thereon  all  necessary  sheds  and  buildings  for  the 
proper  care  and  maintenance  of  the  said  animals,  twenty-six  thou- 
sand dollars,  to  be  available  until  expended;     *     *     * 

Act  August  10,  1912,  c.  284.  37  Stat.  293. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

Winter  game  (elk)  reserve  in  Wyoming;  purchase  of  lands;   buildings  and  in- 
closures. 

For  the  establishment  of  a  Avinter  game  (elk)  reserve  in  the  State 
of  Wyoming,  which  shall  be  located  in  that  section  of  Wyoming 
lying  south  of  the  Yellowstone  Park,  and  shall  include  not  less  than 
two  thousand  acres  in  toAvnship  forty-one  north,  ranges  one  hundred 
and  fifteen  and  one  hundred  and  sixteen  west,  forty-five  thousand 
dollars,  to  be  available  until  expended,  and  the  Secretary  of  Agri- 
culture is  hereby  authorized  to  purchase  said  lands  with  improve- 
ments, to  erect  necessary  buildings  and  inclosures,  and  to  incur  other 
expenses  necessar}'  for  the  maintenance  of  the  reserve  |     *     *     * 

Act  August  10,  1912.  c.  284,  37  Stat.  293. 

These  nre  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Burh\u  of  Biological  Survey  :  One  biologist,  who  shall 
be  chief  of  bureau,  three  thousand  five  hundred  dollars:  one  chief 
clerk,  one  thousand  eight  hundred  dollars;  one  clerk,  class  four; 
one  clerk,  class  thi-ee;  two  clerks,  class  two;  three  clerks,  class  one; 
three  clerks,  at  one  thousand  dollars  each;  two  clerks,  at  nine  hun- 
dred dollars  each;  one  messenger,  seven  hundred  and  twenty  dollars; 
one  photographer,  one  thousand  three  hundred  dollars;  one  game 
warden,  one  thousand  two  hundred  dollars;  one  draftsman,  nine 
hundred  dollars;  one  messenger,  messenger  boy,  or  laborer,  four 
hundred  and  eighty  dollars;  one  laborer,  six  hundred  dollars;  in  all, 
twenty-five  thousand  one  hundred  dollars. 

General  expenses,  Bureai^  of  Biological  Survey:  For  salaries 
and  employment  of  labor  in  the  city  of  Washington  and  elsewhere, 
furniture,  supplies,,  traveling  and  all  other  expen.ses  necessary  in  con- 
ducting investigations  and  carrying  out  the  work  of  the  bureau,  as 
follows: 

For  the  enforcement  of  sections  two  hundred  and  forty-one.  two 
hundred  and  forty-two,  two  hundred  and  forty-three,  and  two  hun- 
dred and  forty-four  of  the  Act  a]iproved  March  fourth,  nineteen 


DIVISION    OF   ACCOUNTS   AND    DISBURSEMENTS.  227 

hundred  and  nine,  entitled  "An  Act  to  codify,  revise,  and  amend  the 
penal  laws  of  the  United  States,"  and  for  the  enforcement  of  section 
one  of  the  Act  approved  May  twenty-fifth,  nineteen  hundred,  en- 
titled "An  Act  to  enlarf^e  the  powers  of  the  Department  of  Agri- 
culture, prohibit  the  transportation  by  interstate  commerce  of  game 
killed  in  violation  of  local  laws,  and  for  other  purposes,"  twelve 
thousand  dollars; 

For  the  maintenance  of  the  Montana  National  Bison  Range  and 
other  reservations  for  mammals  and  birds,  and  for  the  enforcement 
of  section  eighty-four  of  the  Act  approved  March  fourth,  nineteen 
hundred  and  nine,  entitled  "An  Act  to  codify,  revise,  and  amend 
the  penal  laws  of  the  United  States,"  seventeen  thousand  dollars, 
of  which  sum  two  thousand  five  hundred  dollars  shall  be  used  for 
the  purchase,  capture,  and  transportation  of  game  for  national 
reservations; 

:tc  «  4:  4c  4:  4l  * 

A  paragraph,  here  omitted,  providing  for  the  establishment  of  the  Wind 
Cave  National  Game  Pref^erve.  the  acquisition  of  lands  therefor,  and 
fencing  and  buildings,  is  set  forth  above. 

For  investigating  the  food  habits  of  North  American  birds  and 
mammals  in  relation  to  agriculture,  horticulture,  and  forestry,  in- 
cluding experiments  and  demonstrations  in  destroying  noxious  ani- 
mals, and  for  investigations  and  experiments  in  connection  with 
rearing  of  fur-bearing  animals,  including  mink  and  marten,  forty- 
three  thousand  dollars,  of  which  sum  three  thousand  dollars  shall 
be  used  for  the  destruction  of  ground  squirrels  on  the  national  for- 
ests in  California : 

For  biological  investigations,  including  the  relations,  habits,  geo- 
graphic distribution,  and  migrations  of  animals  and  plants,  and  the 
preparation  of  maps  of  the  life  and  crop  zones,  ten  thousand  dollars; 

3|E  Ijt  Ip  ^  H^  "S^  "P 

A  paragi'aph.  here  omitted,  providing  for  the  establishment  of  a  winter 
(elk)  reserve  in  "Wyoming,  the  purchase  of  lands  therefor,  and  the  erec- 
tion of  buildings  and  inclosures,  is  set  forth  above. 

For  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  work,  including  cooperation  with  other  Federal 
bureaus,  departments,  boards,  and  commissions,  on  request  from 
them,  thirteen  thousand  three  hundred  dollars; 

In  all,  for  general  expenses,  one  hundred  and  sixty-six  thousand 
three  hundred  dollars. 

Total  for  Bureau  of  Biological  Survey,  one  hundred  and  ninety- 
one  thousand  four  hundred  dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  292. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

DIVISION    OF   ACCOUNTS    AND    DISBUBSEMENTS. 

ACT  MARCH  4,  1909,  c.  301.     (35  Stat.  1039.) 

Chief  of  division. 

*  *  *  One  chief  of  division  and  disbursing  clerk,  who  shall  be 
administrative  officer  of  the  fiscal  affairs  of  the  department,     *     *     *. 

Act  March  4.  1909,  c.  301,  3.5  Stat.  1052. 


228         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1910,  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similar  acts  for  the  subsequent  fiscal  years.  The  provisions  in  the 
act  for  the  fiscal  year  1013  are  sot  forth  below. 

ACT  MARCH  4.  1911,  c.  238.     (36  Stat.  1235.) 

Deputy  disbursing  clerk;  authority,  bond,  and  liabilities. 

*  *     *     one  deputy  disbursing  clerk,     *     *     *, 

The  deputy  disbursing  clerk  herein  provided  for  shall  hereafter 
have  authority  to  sign  checks  in  the  name  of  the  disbursing  clerk;  he 
shall  give  bond  to  the  United  States  in  such  sum  as  the  Secretary  of 
the  Treasury  may  require,  and  vs^hen  so  acting  for  the  disbursing  clerk 
shall  be  subject  to  all  the  liabilities  and  penalties  prescribed  by  law 
for  the  official  misconduct  in  like  cases  of  the  disbursing  clerk  for 
whom  he  acts,  and  the  official  bond  of  the  disbursing  clerk  executed 
shall  also  be  made  to  cover  and  apply  to  the  acts  of  the  deputy 
disbursing  clerk. 

Act  March  4,  1011,  c.  2.38,  36  Stat.  1258. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1912,  cited  above. 

Details  of  officers  to  Forest  Service. 

*  *  one  chief  of  office  of  accounts  and  fiscal  agent,  who  may 
be  detailed  to  the  Forest  Service  for  duty  in  or  out  of  the  city  of 
Washington,  *  *  *  seven  district  fiscal  agents,  *  *  *  who 
may  be  detailed  to  the  Forest  Service  for  duty  in  or  out  of  the  city  of 
Washington;     *     *     *, 

Act  March  4.  1911,  c.  238,  36  Stat.  1258. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1912.  cited  above.  Similar  provisions  are  contained  in  the  similar 
acts  for  the  two  preceding  fiscal  years. 

These  provisions  are  superseded  by  a  more  comprehensive  provision 
of  act  August  10,  1912,  set  forth  below. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Details  of  employees  from  and  to  Division  of  Accounts  and  Disbursements  and 
bureaus  and  offices  of  department;  payment  of  traveling  expenses  of  em- 
ployees detailed. 

*  *  *  That  hereafter  employees  of  the  Division  of  Accounts 
and  Disbursements  may  be  detailed  by  the  Secretary  of  Agriculture 
for  accounting  and  disbursing  work  in  any  of  the  bureaus  and  offices 
of  the  department  for  duty  in  or  out  of  the  city  of  AVashington,  and 
employees  of  the  bureaus  and  offices  of  the  department  may  also  be 
detailed  to  the  Division  of  Accounts  and  Disbursements  for  duty  in 
or  out  of  the  city  of  Washington,  traveling  expenses  of  employee.^  so 
detailed  to  be  paid  from  the  appropriation  of  the  bureau  or  office  in 
connection  with  which  such  travel  is  performed. 

Act  August  10,  1912,  c.  284,  37  St^it  294. 

This  is  a  proviso  nnnexe<l  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 

This  provision  supersedes  a  less  comprehensive  provision  of  act  March 
4,  1911,  c.  238,  set  forth  above. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Salaries.  Division  ok  AfToiiNis  and  Disrurskmen ts:  One  chief  of 
division  and  disbursing  clerk,  who  shall  l>e  administrative  officer 
of  the  fiscal  aflfairs  of  the  department,  four  thousand  dollars:  one 


DIVISION    OF   PUBLICATIONS.  229 

assistant  cliief  of  division,  two  thousand  seven  hundred  and  fifty 
dollars;  one  chief  of  office  of  accounts  and  fiscal  agent,  two  thousand 
five  hundred  dollars;  seven  district  fiscal  agents,  at  two  thousand 
dollars  each;  one  supervising  auditor,  two  thousand  two  hundred  and 
fifty  dollars;  one  auditor,  two  thousand  dollars;  one  cashier  and  chief 
clerk,  two  thousand  dollars;  one  deputy  disbursing  clerk,  two  thou- 
sand dollars;  one  accountant  and  bookkeeper,  two  thousand  dollars; 
three  clerks,  class  four;  eleven  clerks,  class  three;  eighteen  clerks,  class 
two;  nine  clerks,  class  one;  four  clerks,  at  one  thousand  dollars  each; 
six  clerks,  at  nine  hundred  dollars  each;  one  custodian  of  records  and 
files,  one  thousand  four  hundred  dollars;  one  messenger,  seven  hun- 
dred and  twenty  dollars;  one  messenger  or  messenger,  boy,  six  hun- 
dred dollars;  in  all,  one  hundred  and  four  thousand  six  hundred  and 
twenty  dollars. 

A  proviso,  here  omitted,  relatiug  to  details  of  employees  from  and  to  the 
Division  of  Accounts  and  Disbnisements  and  bureaus  and  offices  of  the 
department,  and  the  payment  of  traveling  expenses  of  employees  so  de- 
tailed, is  set  forth  above. 

Total  for  Division  of  Accounts  and  Disbursements,  one  hundred 
and  four  thousand  six  hundred  and  twenty  dollars. 

Act  August  10.  1912.  c.  284,  .37  Stat.  293. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


DIVISION  OF  PUBLICATIONS. 

ACT  MARCH  1.  1899.  c.  325.     (30  Stat.  947.) 
Chief  of  division. 

*  *     *     One  editor,  who  shall  be  chief  of  division,     *     *     *, 

Act  March  1,  1899,  c.  325,  30  Stat.  948. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1900,  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fiscal  years.  The  provision  in  the  act 
for  the  fiscal  year  1913  is  set  forth  on  p.  280,  yont. 

ACT  MARCH  3,  1905.  c.  1405.     (33  Stat.  861.) 
Assistant  chief  of  division. 

*  *     *     one    editor,   who   shall    be   a.ssistant   chief   of   division, 

:(=  *  :.= 

Act  March  3,  1905,  c.  1405,  33  Stat.  877. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1906,  cited  above.  Provisions  in  the  same  words  are  containe<l  in 
the  similar  acts  for  subsequent  fi.scal  years.  The  provision  in  the  a^t  for 
the  fiscal  year  1913  is  set  forth  on  p.  2.30,  pont. 

ACT  AUGUST  24,  1912,  c.  355.     (37  Stat.  417.) 
Printing  and  binding;  farmers'  bulletins;  distribution. 

For  the  Department  of  Agriculture,  including  not  to  exceed  $47,000 
for  the  Weather  Bureau,  and  including  the  Annual  Report  of  the 
Secretary  of  Agriculture,  as  required  by  the  Act  approved  January 
twelfth,  eighteen  hundred  and  ninety-five,  and  in  pursuance  of  the 
provisions  of  Public  Resolution  Numbered  Thirteen  of  the  first  session 
Fifty-nintli  Congress,  and  also  including  not  to  exceed  $125,000  for 
farmers"  bulletins,  which  shall  be  adapted  to  the  interests  of  the  people 


230         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

of  the  different  sections  of  the  country,  an  equal  proportion  of  four- 
fifths  of  which  shall  be  delivered  to  or  sent  out  under  the  addressed 
franks  furnished  by  Senators,  Representatives,  and  Delegates  in 
Congress,  as  they  shall  direct,  $475,000. 

Act  August  24,  1912,  c.  355,  37  Stat.  482. 

This  is  a  pi'ovisiou  under  the  head  "Public  printing  and  binding,"  in 
the  sundry  civil  appropriation  act  for  the  fiscal  year  1913.  cited  above. 
Similar  appropriations  for  pi-iutiug  and  binding  for  the  Weather  Bureau 
and  of  the  Annual  Report  of  the  Secretary  of  Agriculture,  were  made  in  the 
sundry  civil  appropriation  acts  for  previous  fiscal  years.  The  provision 
relating  to  farmers'  bulletins  is  a  substantial  re-enactment  of  provisions 
of  the  agricultural  appropriation  acts  for  the  fiscal  years  1895  to  1907. 
inclusive,  and  of  the  sundry  civil  appropriation  acts  for  the  fiscal  year.s 
thereafter. 

The  requirement  of  act  January  12,  1895,  c.  23,  s.  73,  relating  to  the 
Annual  Reitort  of  the  Secretary  of  Agriculture,  mentioned  in  this  pro- 
vision, is  set  forth  on  p.  23,  ante. 

Res.  March  30,  1906,  No.  13,  relating  to  the  public  printing,  also  men- 
tioned in  this  provision,  is  set  forth  on  p.  365,  post,  under  "  Public 
Printing." 

Provisions  of  act  June  30,  1906,  c.  3913,  for  the  notification  of  Mem- 
bers, etc.,  of  Congress  of  titles,  character,  and  allotments  of  farmers' 
bulletins,  the  printing  of  the  titles  on  envelopes  inclosing  same,  and  the 
disposition  of  uncalled  for  quotas,  are  set  forth  below. 

ACT  JUNE  30,  1906,  c.  3913.      (34  Stat.  669.) 

Notification  of  Members,  etc.,  of  Congress  of  titles  and  character,  and  allot- 
ments of  farmers'  bulletins;  printing  of  the  titles  on  the  envelopes  inclosing 
same;   disposition  of  uncalled  for  quotas. 

*  *  *  for  the  preparation,  printing,  and  distribution  of  farmers" 
bulletins,  *  *  *  Provided^  That  the  Secretary  of  Agriculture  shall 
notify  Senators,  Representatives,  and  Delegates  in  Congre.s.s  of  the 
title  and  character  of  each  such  bulletin,  with  the  total  number  to 
which  each  Senator,  Repre.sentative,  and  Delegate  may  be  entitled  for 
such  distribution;  and  on  the  face  of  the  envelope  inclosing  said  bul- 
letins shall  bo  printed  the  title  of  each  bulletin  contained  therein: 
Provided  further.,  That  all  such  bulletins  included  in  the  quotas  of 
Senators,  Representatives,  or  Delegates  not  called  for  on  or  before  the 
thirty-first  day  of  May  in  each  fiscal  year  shall  revert  to  the  Secretary 
of  Agriculture,  and  be  available  to  him,  either  for  miscellaneous  dis- 
tribution or  in  making  up  Congressional  quotas  for  the  next  fiscal 
year;     *     *     *. 

Act  June  30,  1006.  c.  3913,  34  Stat.  090. 

These  are  provisos  of  the  agricultural  appropriation  act  for  tiio  fiscnl 
year  1907,  cited  above.  The  proviso  relating  to  the  notification  of  Mem- 
bers, etc.,  of  Congress  of  titles,  chjiractor.  and  allotments  of  farmer.s' 
bulletins  and  the  printing  of  titles  on  the  enveloi)es  inclosing  the  .same,  is 
a  sui>stiintiiil  ro-enactnient  of  a  provision  of  the  agricultural  appropria- 
tion act  for  the  fiscal  year  1895  and  subsequent  fiscal  years.  The  proviso 
relating  to  the  disposition  of  uncalled  for  quotas  is  a  substantial  repeti- 
tion of  provisions  of  the  agricultural  ai)proin-i.itiou  ads  for  the  fiscal 
year  1900  and  subsequent  fiscal  years. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Division  of  Pdrltcvtions :  One  editor,  who  .shall  be 
chief  of  division,  three  thoii.sand  two  hundred  and  fifty  dollars;  one 
editor,  who  shall  be  assistant  chief  of  division,  two  thousand  two 
himdred   and   fifty  dollars:   one  chief  clerk,  two  thousand   dollars; 


DIVISION   OF   PUBLICATIONS.  231 

two  assistant  editoi-s,  at  two  thousand  dollars  each ;  one  assistant 
editor,  one  thousand  eight  hundred  dollars;  four  assistant  editors  at 
one  thousand  six  hundred  dollars  each;  one  assistant  editor,  one 
thousand  four  hundred  dollars;  one  assistant  editor  in  charge  of 
indexing,  two  thousand  dollars;  one  indexer,  one  thousand  four  hun- 
dred dollars;  one  assistant  in  charge  of  illustrations,  two  thousand 
dollars;  one  draftsman  or  photographer,  one  thousand  five  hundred 
dollars;  two  draftsmen  or  photographers,  at  one  thousand  four  hun- 
dred dollars  each;  six  draftsmen  or  photographers,  at  one  thousand 
two  hundred  dollars  each;  one  assistant  photographer,  nine  hundred 
dollars;  one  assistant  in  charge  of  document  section,  two  thousand 
dollars;  one  assistant  in  document  section,  one  thousand  eight  hun- 
dred dollars;  one  foreman,  miscellaneous  distribution,  one  thousand 
five  hundred  dollars;  one  assistant  foreman,  miscellaneous  distribu- 
tion, one  thousand  one  hundred  dollars;  one  foreman.  Farmers' 
Bulletin  distribution,  one  thousand  five  hundred  dollars;  one 
forewoman,  one  thousand  four  hundred  dollai^;  one  forewoman, 
one  thousand  two  hundred  dollars;  one  clerk,  class  three;  seven 
clerks,  class  one;  thirteen  clerks,  at  one  thousand  dollars  each; 
forty-two  clerks,  at  nine  hundred  dollars  each;  twenty-one  clerks,  at 
eight  hundred  and  forty  dollars  each ;  twenty  skilled  laborers,  at 
eight  hundred  and  forty  dollars  each;  thirteen  skilled  laborers,  at 
seven  hundred  and  eighty  dollars  each ;  twenty-six  skilled  laborers,  at 
seven  hundred  and  twenty  dollars  each ;  one  chief  folder,  one  thousand 
dollars;  one  assistant  chief  folder,  nine  hundred  and  sixty  dollars; 
three  folders,  at  nine  hundred  dollars  each ;  one  skilled  laborer,  one 
thousand  one  hundred  dollars ;  two  skilled  laborers,  at  one  thousand 
dollars  each;  two  messengers,  at  eight  hundred  and  forty  dollars 
each;  four  messengers,  at  seven  hundred  and  twenty  dollars  each; 
three  messengers,  at  six  hundred  dollars  each;  two  messengers  or 
messenger  boys,  at  four  hundred  and  eighty  dollars  each ;  two  mes- 
sengers or  messenger  boys,  at  four  hundred' and  twenty  dollars  each; 
two  messenger  or  messenger  boys,  at  three  hundred  and  sixty  dollars 
each ;  two  laborers,  at  six  hundred  and  sixty  dollars  each ;  one  laborer, 
six  hundred  dollars ;  four  charwomen,  at  four  hundred  and  eighty 
dollars  each;  three  charwomen,  at  two  hundred  and  forty  dollars 
each;  in  all,  one  hundred  and  ninety-four  thousand  seven  hundred 
dollars. 

General  expenses,  Division  of  Publications:  For  miscellaneous 
objects  of  expenditure  in  connection  with  the  publication,  indexing, 
illustration,  and  distribution  of  bulletins,  documents,  and  reports,  as 
follows: 

For  labor-saving  machinery  for  addressing  and  mailing  documents, 
including  necessary  supplies,  three  thousand  dollars; 

For  envelopes,  stationerv%  and  materials  used  in  the  distribution  of 
documents,  eleven  thousand  five  hundred  dollars; 

For  office  furniture  and  fixtures,  one  thousand  dollars; 

For  photographic  equipment  and  for  photographic  materials  and 
artists'  tools  and  supplies,  five  thousand  dollars; 

For  telephone  and  telegraph  service  and  freight  and  express 
charges,  five  hundred  dollars; 

For  wagons,  bicycles,  horses,  harness,  and  maintenance  of  the  same, 
one  thousand  dollars; 


232         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGEICULTrRE. 

For  purchase  of  manuscripts,  traveling  expenses,  electrotypes,  illus- 
trations, and  otlier  expenses  not  otherwise  provided  for.  three  thou- 
sand dollars; 

In  all,  for  general  expenses,  twenty-five  thousand  dollars. 

Total  for  Division  of  Publications,  two  hundred  and  nineteen  thou- 
sand seven  hundred  dollars. 

Act  August  10,  1912.  c.  284.  37  Stat.  204. 

These  are  provisions  of  the  agiicultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

BUREAU    OF    STATISTICS. 
ACT  MARCH  3,  1903,  c.  1008.     (32  Stat.  1147.) 
Chief  of  bureau;  assistant  chief  of  bureau. 

*  *  *  One  statistician,  who  shall  be  chief  of  bureau.  *  *  * 
one  assistant  statistician,  who  shall  be  assistant   chief  of  bureau, 

^        i|c        if! 

Act  March  3,  1903,  c.  1008.  32  Stat.  1162. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1904,  cited  above.  Provisions  in  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fiscal  years.  The  provisions  in  the  act 
for  the  fiscal  year  1913  are  set  forth  on  p.  235,  post.  Provisions  for  "  One 
statistician,  who  shall  be  chief  of  division,"  are  contained  in  the  agricul- 
tural appropriation  acts  for  the  fiscal  years  1896  to  1903.  inclusive,  and 
provisions  for  "  one  assistant  statistician,  who  shall  be  assistant  chief  of 
division."  are  contained  in  the  acts  for  the  fiscal  years  1900  to  1903,  in- 
clusive. 

ACT  MARCH  4,  1909.  c.  301.     (35  Stat.  1039.) 

Monthly  crop  reports;  condition  reports  of  the  cotton  crop. 

*  *  *  That  hereafter  the  monthly  crop  reports,  which  shall  be 
gathered  as  far  as  practicable  from  practical  farmers,  and  which  shall 
be  issued  on  or  before  tlie  tenth  of  each  month,  .shall  embrace  state- 
ments of  the  conditions  of  crops  by  States,  in  the  United  States,  with 
such  explanations,  comparisons,  and  information  as  may  be  useful  for 
illustrating  the  above  matter,  and  that  it  shall  be  submitted  to  and 
officially  approved  by  the  Secretary  of  Agriculture  before  being 
issued  or  published:  Provided  fitrfher.  That  hereafter  the  condition 
reports  of  the  cotton  crop  shall  be  issued  on  the  same  day  in  October 
each  year  as  the  first  ginner's  report  of  actual  cotton  ginned.    *    *    * 

Act  of  March  4.  1909.  c.  301.  35  Stat.  1053. 

These  provisos  annexed  to  the  appropriations  for  "  General  expenses. 
Bureau  of  Statistics,"  in  the  agricultural  appropriation  act  for  the  fiscal 
year  1910.  cited  above.  Provisos  relating  to  the  monthly  crop  reports 
In  nearly  the  same  language,  without  the  word  "  hereafter,"  were  con- 
taiiKMl  in  the  agricultural  appr())iriation  acts  for  the  fiscal  years  1893 
and  thereafter.  Provisos  relating  to  the  condition  reports  of  the  cotton 
crop,  in  substantiall.v  the  same  langtiage.  also  without  the  word  "here- 
after," were  containtnl  in  the  agricultural  appropriation  acts  for  the  fiscal 
years  1907  and  thereafter. 

A  i)roviso.  set  forth  o\\  ji.  24.  n}itr.  annexed  to  act  January  12,  1895, 
c.  23.  s.  89,  authorizes  the  Sec'retary  of  Agriculture  to  print  such  number 
of  copies  of  the  monthly  crop  report  as  he  shall  deem  requisite. 

ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Reports  from  branches  of  department  and  recommendations  to  Congress  relative 
to  marketing,  etc..  of  farm  products. 

And  that  the  Secretary  of  Agriculture  be  and  he  is  hereby  directed 
to  secure  from  the  various  branches  of  the  department  having  aw- 


BUREAU   OF   STATISTICS.  9-^3 

thority  to  investigate  such  matters,  reports  relative  to  systems  of 
marketinfr  farm  products,  cooperative  or  otherwise,  in  practice  m 
various  sections  of  the  United  States  and  of  the  demand  for  such 
products  in  various  trade  centers,  and  sliall  make  such  recommenda- 
tions to  Con«fress  relative  to  further  investigations  of  these  questions 
and  the  dissemination  of  such  information,  as  he  shall  deem  neces- 

saiT. 

Act  August  10.  1912.  c.  2S4.  37  Stat.  295. 

This   is   a   parajrrapli   of   the   agricultural    appropriation   act   for   tbe 
fiscal  year  1913.  cited  above. 

ACT  MAY  27.  1912.  c.  135.    Au  act  authorizing  the  Secretary  of  Agriculture  to 
issue  certain  reports  relating  to  cotton.     (37  Stat.  118.) 

Annual  report  of  number  of  acres  of  cotton  in  cultivation. 

That  the  Secretary  of  Agriculture  be  directed  to  cause  the  Bureaa 
of  Statistics  of  the  Department  of  Agriculture  to  issue  a  report,  on 
or  about  the  first  Monday  in  July  of  each  year,  showing  by  States 
and  in  total  the  number  of  acres  of  cotton  then  in  cultivation  in  tne 
United  States. 

Act  May  27,  1912,  c.  135.  s.  1.  37  Stat.  118. 
Annual  estimate  of  total  cotton  production. 

Sec.  2.  That  the  Secretary  of  Agriculture  sliall  cause  the  Bureau 
of  Statistics  of  the  Department  of  Agriculture  to  issue  each  year, 
immediately  following  the  publication  of  the  ginning  report  of  the 
Census  Bureau  of  December  first,  an  estimate  of  the  total  production 
of  cotton  in  the  United  States  for  the  current  crop  year. 

Act  May  27.  1912,  o.  135,  s.  2,  37  Stat.  118. 

Bepeal. 

Sep.  8.  That  all  Acts  or  parts  of  Acts  inconsistent  with  the  fore- 
going provisions  be,  and  the  same  are  hereby,  repealed. 

Act  May  27,  1932.  c.  135.  s.  3.  37  Stat.  118. 

ACT  JULY  22.  1912.  c.  249.  An  act  authorizing  the  Director  of  the  Census  to 
collei-t  and  publish  statistics  of  cotton.     (37  Stat.  198.) 

Collection  and  publication  of  cotton  statistics  by  Director  of  Census. 

That  the  Director  of  the  Census  be,  and  he  is  hereby,  authorized 
and  directed  to  collect  and  publish  statistics  concerning  the  amount 
of  cotton  ginned:  the  quantity  of  raw  cotton  consumed  in  manu- 
facturing establishments  of  every  character;  the  quantity  of  baled 
cotton  on  hand;  the  number  of* active  consuming  cotton  spindles; 
and  the  quantity  of  cotton  imported  and  exported,  with  the  country 
of  origin  and  destination. 

Act  July  22,  1912,  c.  249.  s.  1.  37  Stat.  19S. 

Statistics  of  cotton  ginned,  consumed  in  manufacture,  baled  cotton  on  hand, 
number  of  spindles,  and  cotton  imported  and  exported;  statistics  to  be 
furnished  Bureau  of  Statistics.  Department  of  Agriculture. 

Sec.  2.  That  the  statistics  of  the  quantity  of  cotton  ginned  shall 
show  the  quantity  ginned  from  each  crop  prior  to  September  first, 
September  twenty-fifth,  October  eighteenth,  November  first,  Novem- 
ber fourteenth,  December  first,  December  thirteenth.  Januai-y  first, 
Januarv  sixteenth,  and  March  first,  and  shall  be  published  as  soon 
as  possible   after  these  respective   dates.     The  quantity   of  cotton 


234         LAWS   APPLICABLE   TO   DEPARTMEXT   OF   AGRICULTURE. 

consumed  in  manufacturing  establishments,  the  quantity  of  baled 
cotton  on  hand,  the  number  of  active  consuming  cotton  spindles, 
and  the  statistics  of  cotton  imported  and  exported  shall  relate  to 
each  calendar  month,  and  shall  be  published  as  soon  as  possible 
after  the  close  of  the  month.  Each  report  published  by  the  Bureau 
of  the  Census  of  the  quantity  of  cotton  ginned  shall  carry  with  it 
the  latest  available  statistics  concerning  the  quantity  of  cotton  con- 
sumed, stocks  of  baled  cotton  on  hand,  the  number  of  cotton-con- 
suming spindles,  and  the  quantity  of  cotton  imported  and  exported. 
All  of  these  publications  containing  statistics  of  cotton  shall  be 
mailed  by  the  Director  of  the  Census  to  all  cotton  ginners,  cotton 
manufacturers,  and  cotton  warehousemen,  and  to  all  daily  news- 
papers throughout  the  United  States.  The  Director  of  the  Census 
shall  furnish  to  the  Bureau  of  Statistics  of  the  Department  of  Agri- 
culture, immediately  prior  to  the  publication  of  each  report  of  that 
bureau  regarding  the  cotton  crop,  the  latest  available  statistics  here- 
inbefore mentioned,  and  the  said  Bureau  of  Statistics  shall  publish 
the  same  in  connection  with  each  of  its  reports  concerning  cotton. 

Act  July  22,  1912,  c.  249,  s.  2,  37  Stat.  198. 

Information  furnished  confidential;   publishing  or  communicating  without  au- 
thority;  punishment. 

Sec.  3.  That  the  information  furnished  by  any  individual  estab- 
lishment under  the  provisions  of  this  Act  shall  be  considered  as 
strictly  confidential  and  shall  be  used  only  for  the  statistical  purpose 
for  which  it  is  supplied.  Any  employee  of  the  Bureau  of  the  Census 
who,  without  the  written  authority  of  the  Director  of  the  Census, 
shall  publish  or  communicate  any  information  given  into  his  pos- 
session by  reason  of  his  employment  under  the  provisions  of  this 
Act  shall  be  guilty  of  a  misdemeanor  and  shall,  upon  conviction 
thereof,  be  fined  not  less  than  three  hundred  dollars  nor  more  than 
one  thousand  dollars  or  imprisoned  for  a  period  of  not  exceeding 
one  year,  or  both  so  fined  and  imprisoned,  at  the  discretion  of  the 
court. 

Act  July  22,  1912,  c.  249,  s.  3,  37  Stat.  198. 

Owners,  etc.,  of  ginneries,  factories,  warehouses,   etc.,  required  to  furnish  in- 
formation concerning  cotton. 

Skc.  4.  That  it  shall  be  the  duty  of  every  owner,  president,  treas- 
urer, secretary,  director,  or  other  officer  or  agent  of  any  cotton  gin- 
nery, manufacturing  establishment,  warehouse,  or  other  place  where 
cotton  is  ginned,  manufactured,  or  stored,  whether  conducted  as  a 
corpoi-nlion,  firm,  limited  partner.ship,  or  by  individuals,  when  re- 
(juestcd  by  the  Director  of  the  Census  or  by  any  si)ecial  a<jjent  or 
other  employee  of  the  Bureau  of  the  Census  acting  under  the  insti'uc- 
tions  of  said  director,  to  furnish  completely  and  correctly,  to  the 
best  of  his  knowledge,  all  of  the  information  concerning  the  quantity 
of  cotton  ginned,  consumed,  or  on  hand,  and  the  number  of  cotton- 
consuming  spindles.  The  request  of  the  Director  of  the  Census  for 
information  concerning  the  quantity  of  cotton  ginned  or  consumed, 
.stocks  of  cotton  on  hand,  and  numlier  of  spindles  may  be  made  in 
writing  or  i)y  a  visiting  representative,  and  if  made  in  writing  shall 
be  forwarded  by  registered  mail,  and  the  registrj'  receipt  of  the  Post 
Office  Department  shall  be  accepted  as  evidence  of  such  demand. 
Any  owner,  jjresident,  treasurer.  >eoretary,  director,  or  other  officer 


BUREAU   OF    STATISTICS.  235 

or  aaent  of  aiiv  cotton  'rinnorv.  maniifac'turinjr  establishment,  ware- 
bouse,  or  otber  phice  wbere  cotton  is  <i:inned  or  stored,  who,  under 
the  conditions  hereinbefore  stated,  shall  refuse  or  willfully  neglect 
to  furnish  any  of  the  information  herein  provided  for  or  shall  will- 
fully give  answers  that  are  false  shall  be  guilty  of  a  misdemeanor  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  three  hundred 
dollars  or  more  than  one  thousand  dollars  or  imprisoned  for  a  period 
of  not  exceeding  one  year,  or  both  so  fined  and  imprisoned,  at  the 
discretion  of  the  court. 

Act  July  22,  1912,  c.  249,  s.  4,  37  Stat.  19S. 

Information  concerning  production,  consumption,  and  stocks  of  cotton  and 
number  of  spindles  in  foreign  countries,  to  be  furnished  Department  of 
Agriculture. 

Skc.  .").  That  in  addition  to  the  information  regarding  cotton  in 
the  United  States  hereinbefore  provided  for,  the  Director  of  the 
Census  shall  compile,  by  correspondence  or  the  use  of  published 
reports  and  documents,  any  available  information  concerning  the 
production,  consumption,  and  stocks  of  cotton  in  foreign  countries, 
and  the  number  of  cotton-consuming  spindles  in  such  countries. 
Each  report  published  by  the  Bureau  of  the  Census  regarding  cotton , 
shall  contain  an  abstract  of  the  latest  available  information  obtained 
under  the  provisions  of  this  section,  and  the  Director  of  the  Census 
shall  furnish  the  same  to  the  Department  of  Agriculture  for  publica- 
tion in  connection  with  the  reports  of  that  department  concerning 
cotton  in  the  same  manner  as  in  the  case  of  statistics  relating  to  the 
United  States. 

Act  July  22,  1912,  c.  249,  s.  5,  36  Stat.  199. 
ACT  AUGUST  10,  1912,  c.  284.     (37  Stat.  269.) 

Salaries,  Bureau  of  Statistics:  One  statistician,  who  shall  be 
chief  of  bureau,  four  thousand  dollars;  one  assistant  statistician,  who 
shall  be  assistant  chief  of  bureau,  two  thousand  five  hundred  dollars; 
one  chief  clerk,  one  thousand  eight  hundred  dollars;  six  clerks,  class 
four:  nine  clerks,  class  three;  twelve  clerks,  class  two;  two  clerks,  at 
one  thousand  three  hundred  dollars  each;  seventeen  clerks,  class  one; 
fourteen  clerks,  at  one  thousand  dollars  each;  twenty-one  clerks,  at 
nine  hundred  dollars  each;  two  messengers,  at  eight  hundred  and 
forty  dollars  each ;  two  messengers  or  laborers,  at  seven  hundred  and 
twenty  dollars  each ;  two  messengers  or  laborers,  at  six  hundred  and 
sixty  dollars  each ;  one  messenger  or  messenger  boy,  four  hundred  and 
eighty  dollars;  one  charwoman,  five  hundred  and  forty  dollars;  two 
charwomen,  at  three  hundred  and  sixty  dollars  each;  in  all,  one  hun- 
dred and  twelve  thousand  three  hundred  and  eighty  dollars. 

General  expenses,  Bureau  of  Statistics:  For  all  necessary 
expenses  for  collecting  domestic  and  foreign  agricultural  statistics, 
compiling,  writing,  and  illustrating  statistical  matter  for  monthly, 
annual,  and  special  reports,  and  for  special  investigations  and  compi- 
lations, as  follows: 

Salaries  and  employment  of  labor  in  the  city  of  "Washington  and 
elsewhere,  supplies,  telegraph  and  telephone  service,  freight  and 
express  charges,  and  all  other  necessary  miscellaneous  administrative 
expenses,  twenty-four  thousand  seven  hundred  dollars; 


236         LAWS   APPLICABLE   TO    DEPARTMENT   OF   AGRICULTURE. 

Salaries  and  traveling  and  other  necessary  expenses  of  special  field 
agents,  sixty-eight  thousand  nine  hundred  dollars; 

Salaries  and  traveling  and  other  necessar^^  expenses  of  State  statis- 
tical agents,  thirty-tv^'o  thousand  two  hundred  dollars; 

Traveling  and  other  necessary  expenses  of  official  and  special  inves- 
tigators, two  thousand  five  hundred  dollars; 

In  all,  for  general  expenses,  one  hundred  and  twenty-eight  thousand 
three  hundred  dollars. 


A  paragraph,  here  omitted,  relating  to  reports  from  branches  of  the 
department  and  recommendations  to  Congress  relative  to  marketing,  etc., 
of  farm  products,  is  set  forth  above. 

Total  for  Bureau  of  Statistics,  two  hundred  and  forty  thousand 
six  hundred  and  eighty  dollars. 

Act  August  10.  1932,  c.  2S4.,37  Stat.  295. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 


LIBRARY. 

REV.   ST.   SEC.   525. 

Library  of  department  in  charge  of  Secretary. 

This"  section,  set  forth  on  p.  13,  ante,  provides  that  the  Commissioner 
of  Agriculture  shall  have  charge  of  the  Library  of  the  department. 

ACT  MARCH  4,  1909.  c.  30L      (35  Stat.  1039.) 

Advances  for  subscriptions  for  publications  for  department. 

*  *  *  That  hereafter  section  thirty-six  hundred  and  forty-eight 
of  the  Revised  Statutes  .shall  not  apply  to  the  subscriptions  for  publi- 
cations for  tlie  Department  of  Agriculture,  and  the  Secretary  of 
Agriculture  is  authorized  to  pay  in  advance  for  any  publications  for 
the  use  of  this  department. 

Act  March  4.  1909.  c.  301,  35  Stat.  1054. 

This  is  a  proviso  annexed  to  the  appropriation  for  "  General  expenses, 
Library  "  in  the  agricultural  appropriation  act  for  the  fiscal  year  1910, 
cited  above.  Provisos  in  similar  l.mguage.  without  the  word  "hereafter." 
were  contained  in  the  similar  aits  for  the  fiscal  year  1904  and  inter- 
vening fiscal  years. 

Rev.  St.  sec.  364S.  mentioned  in  this  provision,  is  set  forth  on  p.  345, 
potit,  under  the  heading  "  Public  Moneys  and  Accounting." 

ACT  MAY  23.  1908,  c.  192.      (35  Stat.  251.) 

Sale  of  copies  of  card  Index  of  publications  of  department. 

And  hereafter  the  Secretary  of  Agriculture  may  furnish  to  such 
institutions  or  individuals  as  may  care  to  buy  them,  copies  of  the 
card  index  of  the  publications  of  the  Department  and  of  other  agri- 
cultural literature  prepared  by  the  library,  and  charge  for  the  same 
a  price  covering  the  additional  expense  involved  in  the  preparation 
of  these  copies. 

Act  May  23.  IdOS.  c.  192.  35  Stat.  204. 
•  Ttiis  is  a  provision  of  the  agricultural  apiM-opri.Mtion  act  for  the  fiscal 
year  1909,  cited  above.  Provisions  in  substantially  the  same  language, 
l»ut  without  the  WDrd  "  li«>reaftpr."  .Mccompanled  appropriations  for 
the  Library  in  llic  similar  apprnprialioti  ads  for  1904  and  subsequent 
fiscal  years. 


OFFICE   OF   EXPEKIAIEXT   STATIONS.  237 

A  siniil.ir  provision,  rolatins  to  the  sale  of  a  card  ludex  of  asricul- 
(iiral  literature  preiuired  by  the  Otfloe  of  Exi)eritueut  Stations,  is  set 
forth  on  p.  253,  post,  under  "  Office  of  PiXperiiueut  Stations." 

ACT  MARCH  4,   1911,  c.  238.      (36  Stat.  1235.) 

Details  of  employees  from  and  to  Library  and  bureaus  and  offices  of  the  depart- 
ment. 

*  *  *  That  hereafter  employees  of  the  Library  maj'^  be  tem- 
porarily detailed  by  the  Secretary  of  Agriculture  for  library  service 
in  the  bureaus  and  offices  of  the  department,  and  employees  of  the 
bureaus  and  offices  of  the  department  engaged  in  library  work  may 
also  be  temporarily  detailed  to  the  Library. 

Act  March  4,  1911,  c.  238,  36  Stat.  1261. 

This  is  ;i  proviso  annexed  to  the  agricultural  appropriation  act  for  the 
fiscal  year  1912.  cited  above. 

ACT  AUGUST  10,  1912.  c.  284.      (37  Stat.  269.) 

Salaries,  Library,  Department  of  Agriculture:  One  librarian, 
two  thousand  dollars;  one  clerk,  class  three;  one  clerk,  class  two;  two 
clerks,  class  one.  one  of  whom  shall  be  a  translator;  five  clerks,  at 
one  thousand  dollars  each;  five  clerks,  at  nine  hundred  dollars  each; 
one  clerk,  eight  hundred  and  forty  dollars;  two  cataloguers,  at  one 
thousand  two  hundred  dollars  each;  three  cataloguers,  at  one  thou- 
sand dollars  each;  one  messenger,  seven  hundred  and  twenty  dollars; 
three  messengers,  messenger  boys,  or  laborers,  at  four  hundred  and 
eighty  dollars  each;  one  charwoman,  four  hundred  and  eighty  dol- 
lars ;  in  all,  twenty-five  thousand  seven  hundred  and  eighty  dollars. 

General  expenses.  Library  :  For  books  of  reference,  technical  and 
scientific  books,  papers  and  periodicals,  and  for  expenses  incurred  in 
completing  imperfect  series;  for  the  employment  of  additional  as- 
sistants in  the  city  of  Washington  and  elsewhere ;  for  official  traveling 
expenses,  and  for  library  fixtures,  library  cards,  supplies,  and  other 
material,  fifteen  thousand  five  hundred  dollars. 

Total  for  Library,  forty-one  thousand  two  hundred  and  eighty 
dollars. 

Act  August  10,  1912,  c.  284,  37  Stat.  296. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


OFFICE  OF  EXPERIMENT  STATIONS. 

ACT  JULY  2.  1862,  c.  130.  An  act  donating  public  lands  to  the  several  States 
and  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts.     (12  Stat.  503.) 

Public  lands  granted  to  States  for  agricultural  colleges;  mineral  lands  excepted. 

That  there  be  granted  to  the  several  States,  for  the  purposes  here- 
inafter mentioned,  an  amount  of  public  land,  to  be  apportioned  to 
each  State  a  quantity  equal  to  thirty  thousand  acres  for  each  senator 
and  representative  in  Congress  to  which  the  States  are  respectively 
entitled  by  the  apportionment  under  the  census  of  eighteen  hmidred 
and  sixty:  Provided,  That  no  mineral  lands  shall  be  selected  or  pur- 
chased under  the  provisions  of  this  act. 

Act  July  2,  1862,  c.  130,  s.  1,  12  Stat.  503. 


238         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Apportionment  of  lands  granted,  and  selection  thereof  from  lands  for  sale;  land 
scrip  In  lieu  of  deficiency  in  apportionment;  location  of  lands  for  which 
scrip  may  be  issued. 

Sec.  2.  That  the  land  aforesaid,  after  being  surveyed,  shall  be  ap- 
portioned to  the  several  States  in  sections  or  subdivisions  of  sections, 
not  less  than  one  quarter  of  a  section;  and  whenever  there  are  public 
lands  in  a  State  subject'  to  sale  at  private  entry  at  one  dollar  and 
twenty-five  cents  per  acre,  the  quantity  to  which  said  State  shall  be 
entitled  shall  be  selected  from  such  lands  within  the  limits  of  such 
State,  and  the  Secretary  of  the  Interior  is  hereby  directed  to  issue  to 
each  of  the  States  in  which  there  is  not  the  quantity  of  public  lands 
subject  to  «ale  at  private  entry  at  one  dollar  and  twenty-nve  cents  per 
acre  to  which  said  State  may  be  entitled  under  the  provisions  of  this 
act,  land  scrip  to  the  amount  in  acres  for  the  deficiency  of  its  distribu- 
tive share :  said  scrip  to  be  sold  by  said  State  and  the  proceeds  thereof 
applied  to  the  uses  and  purposes  prescribed  in  this  act,  and  for  no 
other  use  or  purpose  whatsoever:  Provided,  That  in  no  case  shall  any 
State  to  which  land  scrip  may  thus  be  issued  be  allowed  to  locate  the 
same  within  the  limits  of  any  other  State,  or  of  any  Territory  of  the 
United  States,  but  their  assignees  may  thus  locate  said  land  scrip 
upon  any  of  the  unappropriated  lands  of  the  United  States  subject  to 
sale  at  private  entry  at  one  dollar  and  twenty-five  cents,  or  less,  per 
acre:  Ami  provided,  further,  That  not  more  than  one  million  acres 
shall  be  located  by  such  assignees  in  any  one  of  the  States:  And  pro- 
vided, further,  That  no  such  location  shall  be  made  before  one  year 
from  the  passage  of  this  act. 

Act  July  2,  18G2,  c.  130,  s.  2.  12  Stat.  503. 
Expenses  of  management,  etc.,  of  lands  selected,  to  be  paid  by  States. 

Sec.  3.  That  all  the  expenses  of  management,  superintendence,  and 
taxes  from  date  of  selection  of  said  lands,  previous  to  their  sales,  and 
all  expenses  incurred  in  the  management  and  disbursement  of  the 
moneys  which  may  be  received  therefrom,  shall  be  paid  by  the  States 
to  which  they  may  belong,  out  of  the  treasury  of  said  States,  so  that 
the  entire  proceecls  of  the  sale  of  said  lands  shall  be  applied  without 
any  diminution  whatever  to  the  purposes  hereinafter  mentioned. 

Act  July  2,  1862,  c.  130,  s.  3,  12  Stat.  504. 

Investment  of  proceeds  of  sale  of  land  scrip;  moneys  so  invested  a  perpetual 
fund  for  endowment,  etc.,  of  colleges  for  teaching  branches  relating  to 
agriculture  and  mechanic  arts,  etc. 

Sec.  4.  That  all  moneys  derived  from  the  sale  of  lands  aforesaid 
by  the  States  to  which  the  lands  are  apportioned,  and  from  the  sales 
of  land-scrip  hereinbefore  provided  for,  sliall  be  invested  in  stocks 
of  the  United  States;,  or  of  the  States,  or  some  other  safe  stocks;  or 
the  same  maj'  be  invested  by  the  States  having  no  State  stocks,  in  any 
other  manner  after  the  legislatures  of  such  States  shall  have  assented 
thereto,  and  engaged  that  such  funds  shall  yield  not  less  than  five  per 
centum  upon  the  amount  so  invested  and  that  the  principal  thereof 
shall  forever  remain  unimpaired:  Provided,  That  the  moneys  so  in- 
vested or  loaned  shall  constitute  a  perpetual  fund,  the  capital  of  which 
shall  remain  forever  undiminished  (except  so  far  as  may  be  provided 
in  section  five  of  this  act),  and  the  interest  of  which  siiall  be  invio- 
lably appropriated,  by  each  State  which  may  take  and  claim  the 
benefit  or  this  act,  to  the  endowment,  support,  and  maintenance  of  at 


OFFICE   OF   EXPERIMENT   STATIONS.  239 

least  one  college  where  the  leading  object  shall  be  without  excluding 
other  scientific  and  chissical  studies,  and  including  militar^^  tactics, 
to  teach  such  branches  of  learning  as  are  related  to  agriculture  and 
the  mechanic  arts,  in  such  manner  as  the  legislatures  of  the  States 
may  respectively  prescribe,  in  order  to  promote  the  liberal  and  prac- 
tical education  ot  the  industrial  classes  in  the  several  pursuits  and 
professions  in  life. 

Act  July  2.  1862.  c.  130.  s.  4,  12  Stat.  504,  as  ameuded  by  act  March  3, 
1883,  c.  102.  22  Stat.  484.  entitled  "An  act  to  amend  an  act  donating  public 
lands  to  the  several  States  and  Territories  which  may  provide  colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts." 

A.n  annual  appropriation  of  $15,000  from  moneys  arising  from  sales  of 
public  lands,  for  the  more  complete  endowment  and  maintenance  of  agri- 
cultural colleges,  is  made,  with  a  further  annual  increase  for  ten  years, 
by  act  August  30,  ISOO.  c.  841,  set  forth  on  p.  241.  post;  and  an  annual 
appropriation  for  the  same  puriw.ses  in  addition  to  the  suras  named  in 
that  act,  is  made,  with  a  further  annual  increase  for  five  years,  the 
annual  sum  to  be  paid  thereafter  to  be  $50,000,  by  provisions  of  act  March 
4,  1907,  c.  2907,  set  forth  on  p.  244.  post. 

Conditions  of  grant  of  land  and  land  scrip. 

Sec.  5.  That  the  grant  of  land  and  land  scrip  hereby  authorized 

shall  be  made  on  the  following  conditions,  to  which,  as  well  as  to  the 

provisions  hereinbefore  contained,  the  previous  assent  of  the  several 

^tates  shall  be  signified  by  legislative  acts : 

Diminution  of  fund  to  be  restored  by  State;   interest  to  be  applied  to  purposes 
mentioned  in  section  4. 

First.  If  any  portion  of  the  fund  invested,  as  provided  by  the 
foregoing  section,  or  any  portion  of  the  interest  thereon,  shall,  by  any 
action  or  contingency,  be  diminished  or  lost,  it  shall  be  replaced  by 
the  State  to  which  it  belongs,  so  that  the  capital  of  the  fund  shall 
remain  forever  undiminished;  and  the  annual  interest  shall  be  regu- 
larly applied  without  diminution  to  the  purposes  mentioned  in  the 
fourth  section  of  this  act,  except  that  a  sum,  not  exceeding  ten  per 
centum  upon  the  amount  received  by  any  State  under  the  provisions 
of  this  act,  may  be  expended  for  the  purchase  of  lands  for  sites  or 
experimental  farms,  whenever  authorized  by  the  respective  legisla- 
tures of  said  States. 
Fund  not  to  be  used  for  buildings. 

Second.  No  portion  of  said  fund,  nor  the  interest  thereon,  shall  be 

applied,  directly  or  indirectly,  under  any  pretence  whatever,  to  the 

purchase,    erection,    preservation,    or    repair    of    any    building    or 

buildings. 

Limitation  on  time  for  claiming  benefi^t  of  provisions  of  act;  payment  by  State 
to  United  States  of  amounts  received  for  lands  previously  sold. 

Third.  Any  State  which  may  take  and  claim  the  benefit  of  the  pro- 
visions of  this  act  shall  provide,  within  five  years,  at  least  not  less 
than  one  college,  as  described  in  the  fourth  section  of  this  act,  or  the 
grant  to  such  State  shall  cease ;  and  said  State  shall  be  bound  to  pay 
the  United  States  the  amount  received  of  any  lands  previously  sold 
and  that  the  title  to  purchasers  under  the  State  shall  be  valid. 
Annual  report  of  progress,  etc..  of  colleges. 

Fourth.  An  annual  report  shall  be  made  regarding  the  progress  of 
each  college,  recording  any  improvements  and  experiments  made, 
with  their  cost  and  results,  and  such  other  matters,  including  State 
industrial  and  economical  statistics,  as  may  be  supposed  useful;  one 


240         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

copy  of  which  shall  be  transmitted  by  mail  free,  by  each,  to  all  the 
oiher  colleges  which  may  be  endowed  under  the  provisions  of  this  act, 
and  also  one  copy  to  the  Secretary-  of  the  Interior. 

Compatation  of  price  of  lands  selected  from  those  double  minimum  price. 

Fifth.  When  lands  shall  be  selected  from  those  which  have  been 
raised  to  double  the  minimum  price,  in  consequence  of  railroad  grants, 
they  shall  be  computed  to  the  States  at  the  maximum  price  and  the 
number  of  acres  proportionally  diminished. 

States  in  rebellion  not  to  have  benefit  of  act. 

.Sixth.  No  State  while  in  a  condition  of  rebellion  or  insurrection 
against  the  government  of  the  United  States  shall  be  entitled  to  the 
benefit  of  this  act. 

Limitation  on  time  for  acceptance  of  benefits  of  act. 

Seventh.  No  State  shall  be  entitled  to  the  benefits  of  this  act  unless 
it  shall  express  its  acceptance  thereof  by  its  legislature  within  two 
years  from  the  date  of  its  approval  by  the  President. 

Act  July  2.  1S62.  c.  130,  s.  5,  12  Stat.  504. 

The  time  in  which  States  may  comply  with  the  provisions  of  this  act. 
as  provided  in  paragraph  seventh  of  this  section,  is  extended  so  that  the 
acceptance  of  the  benefits  of  the  act  may  be  expressed  within  three  years 
from  the  passage  of  the  act,  and  the  time  in  which  colleges  required  by 
the  act  may  be  established,  as  provided  in  paragraph  third  of  this  section, 
is  extended  to  five  years  from  the  date  of  filing  such  acceptance,  bv  act 
July  23,  1866,  c.  209,  set  forth  below. 

Land  scrip  not  subject  to  location  until  after  July  1,  1863. 

Sec.  6.  That  land  scrip  issued  under  the  provisions  of  this  act 
shall  not  be  subject  to  location  until  after  the  first  daj'^  of  January, 
one  thousand  eight  hundred  and  sixty-three. 

Act  July  2,  1862,  c.  130.  s.  6.  12  Stat.  505. 
Pees  of  land  officers. 

Sec.  7.  That  the  land  officers  shall  receive  the  same  fees  for  locating 
land  scrip  issued  under  the  provisions  of  this  act  as  is  now  allowed 
for  the  location  of  military  bounty  land  warrants  under  existing 
laws:  Provided,  their  maximum  compensation  shall  not  be  thereby 
increased. 

Act  July  2,  1862.  c.  130,  s.  7.  12  Stat.  505. 
Governors  of  States  to  report  annually  to  Congress. 

Sec.  8.  That  the  Governors  of  the  several  States  to  which  scrip 
shall  be  issued  under  this  act  shall  be  required  to  report  annually  to 
Congress  all  sales  made  of  such  scrip  until  the  whole  shall  be  disposed 
of,  the  amount  received  for  the  same,  and  what  appropriation  has 
been  made  of  the  proceeds. 

Aot  July  2.  1862,  c.  130,  s.  7.  12  Stat.  505. 

ACT  JULY  23,  1866,  c.  209.  An  net  to  amend  the  fifth  section  of  an  act  entitled 
"An  act  tlonatiuK  public  lands  to  the  several  States  and  Territories  which 
may  provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts." 
approved  July  2,  1S(;2,  so  as  to  exteu<l  the  time  within  which  the  provisions 
of  said  act  shall  be  accei)te<l  and  such  colleges  established.     (14  Stat.  208.) 

Limitation  of  time  extended  for  acceptance  of  benefits  of  act  July  2,  1862,  and 
for  establishing  agricultural  colleges  provided  for  therein. 

That  the  time  in  which  the  several  States  may  comply  with  the 
provisions  of  the  act  of  Julv  two.  eighteen  himdred  and  sixtv-two, 


OFFICE   OF   EXPERIMENT   STATIONS.  241 

entitled  "An  act  donating  public  lands  to  the  several  States  and 
Territories  which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,"  is  hereby  extended  so  that  the  acceptance  of 
the  benefits  of  the  said  act  may  be  expressed  within  three  years  from 
the  passage  of  this  act,  and  the  colleges  required  by  the  said  act  may 
be  provided  within  five  years  from  the  date  of  the  filing  of  such 
acceptance  with  the  commissioner  of  the  general  land  office :  Provided^ 
That  when  anj'  Territory  shall  become  a  State  and  be  admitted  into 
the  Union,  such  new  State  shall  be  entitled  to  the  benefits  of  the 
said  act  of  July  two,  eighteen  hundred  and  sixty-tw^o,  by  expressing 
the  acceptance  therein  required  within  three  years  from  the  date  of 
its  admission  into  the  Union,  and  providing  the  college  or  colleges 
within  five  years  after  such  acceptance,  as  prescribed  in  this  act: 
Provided  further^  That  anj''  State  which  has  heretofore  expressed 
its  acceptance  of  the  act  herein  referred  to  shall  have  the  period, 
of  five  years  within  which  to  provide  at  least  one  college,  as  described 
in  the  fourth  section  of  said  act,  after  the  time  for  providing  said 
college,  according  to  the  act  of  July  second,  eighteen  hundred  and 
sixty-two,  shall  have  expired. 

Act  July  23,  1866,  c.  209,  14  Stat.  208. 

Act  July  2,  1S62,  c.  130,  s.  5,  amended  by  this  act,  is  set  forth  above. 

ACT  AUGUST  30,  1890,  c.  841.  An  act  to  apply  a  portion  of  the  proceeds  of 
the  public  lands  to  the  more  complete  endowment  and  support  of  the  col- 
leges fur  the  benefit  of  agriculture  and  the  mechanic  arts  established  under 
the  provisions  of  an  act  of  Congress  approved  July  second,  eighteen  hun- 
dred and  sixty-two.     (26  Stat.  417.) 

Increased  appropriation,  out  of  moneys  arising  from  sales  of  public  lands,  for 
agricultural  colleges. 

That  there  shall  be,  and  hereby  is,  annually  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  arising  from 
the  sales  of  public  lands,  to  be  paid  as  hereinafter  provided,  to  each 
State  and  Territory  for  the  more  complete  endowment  and  mainte- 
nance of  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts  now  established,  or  which  may  be  hereafter  established,  in  accord- 
ance with  an  act  of  Congress  approved  July  second,  eighteen  hundred 
and  sixty-two,  the  sum  of  fifteen  thousand  dollars  for  the  year  end- 
ing June  thirtieth,  eighteen  hundred  and  ninety,  and  an  annual 
increase  of  the  amount  of  such  appropriation  thereafter  for  ten 
years  by  an  additional  sum  of  one  thousand  dollars  over  the  pre- 
ceding year,  and  the  annual  amount  to  be  paid  thereafter  to  each 
State  and  Territory  shall  be  twenty-five  thousand  dollars  to  be  ap- 
plied only  to  instruction  in  agriculture,  the  mechanic  arts,  the  Eng- 
lish language  and  the  various  branches  of  mathematical,  physical, 
natural  and  economic  science,  with  special  reference  to  their  appli- 
cations in  the  industries  of  life,  and  to  the  facilities  for  such  in- 
struction: Provided^  That  no  money  shall  be  paid  out  under  this  act 
to  any  State  or  Territory  for  the  support  and  maintenance  of  a 
college  where  a  distinction  of  race  or  color  is  made  in  the  admission 
of  students,  but  the  establishment  and  maintenance  of  such  colleges 
separately  for  white  and  colored  students  shall  be  held  to  be  a  com- 

71657—13 16 


242         LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGEICULTURE. 

pliance  with  the  provisions  of  this  act  if  the  funds  received  in  sucli 
State  or  Territory  be  equitably  divided  as  hereinafter  set  forth: 
Provided,  That  in  any  State  in  which  there  has  been  one  college 
established  in  pursuance  of  the  act  of  July  second,  eighteen  hundred 
and  sixty-two,  and  also  in  which  an  educational  institution  of  like 
character  has  been  established,  or  may  be  hereafter  established,  and 
is  now  aided  by  such  State  from  its  own  revenue,  for  the  education 
of  colored  students  in  agriculture  and  the  mechanic  arts,  however 
named  or  styled,  or  whether  or  not  it  has  received  money  heretofore 
under  the  act  to  which  this  act  is  an  amendment,  the  legislature  of 
such  State  may  propose  and  report  to  the  Secretary  of  the  Interior  a 
just  and  equitable  division  of  the  fund  to  be  received  under  this  act 
between  one  college  for  white  students  and  one  institution  for  colored 
students  established  ,as  aforesaid,  which  shall  be  divided  into  two 
parts  and  paid  accordingly,  and  thereupon  such  institution  for 
colored  students  sliall  be  entitled  to  the  benefits  of  this  act  and  sub- 
ject to  its  provisions,  as  much  as  it  would  have  been  if  it  had  been 
included  under  the  act  of  eighteen  hundred  and  sixty-two,  and  the 
fulfillment  of  the  foregoing  provisions  shall  be  taken  as  a  compli- 
ance with  the  provision  in  reference  to  separate  colleges  for  white 
and  colored  students. 

Act  Ausust  30,  1S90.  c.  841,  s.  1,  26  Stat.  417. 

Act  July  2,  1862.  c.  130.  s.  4,  mentioned  in  this  section,  is  set  forth  above. 

An  annual  appropriation  for  the  more  complete  endowment  and  m:iiu- 

tenance  of  agricultural  colleges,  in  addition  to  the  sums  named  in  this 

act,  is  made,  with  a  further  annual  increase  for  five  years,  the  annual 

.  sum  to  be  paid  thereafter  to  be  $50,000,  by  provisions  of  act  March  4, 

1907,  c.  2iK)7,  set  forth  below. 

Time,  manner,  etc.,  of  annual  payments  to  States,  etc.,  of  sums  appropriated. 

Sec.  2.  That  the  sums  hereby  appropriated  to  the  States  and  Terri- 
tories for  the  further  endowment  and  support  of  colleges  shall  be 
annually  paid  on  or  before  the  thirty-first  day  of  July  of  each  year, 
by  the  Secretary  of  the  Treasury,  upon  the  warrant  of  the  Secretary 
of  the  Interior,  out  of  the  Treasury  of  the  United  States,  to  the  State 
or  Territorial  treasurer,  or  to  such  officer  as  shall  be  designated  by 
the  laws  of  such  State  or  Territory  to  receive  the  same,  who  shall, 
upon  the  order  of  the  trustees  of  the  college,  or  the  institution  for 
colored  students,  iiumediateh'  pay  over  said  sums  to  the  treasurers  of 
the  respective  colleges  or  other  institutions  entitled  to  receive  the 
same,  and  sucli  treasurers  shall  be  required  to  report  to  the  Secre- 
tary of  Agriculture  and  to  the  Secretary  of  the  Interior,  on  or  before 
the  fir.st  day  of  September  of  each  year,  a  detailed  statement  of  the 
amount  so  received  and  of  its  disbursement.  The  grants  of  moneys 
authorized  by  this  act  are  made  subject  to  the  legislative  assent  of 
tlie  several  States  and  Territories  to  the  purpose  of  said  grants:  Pro- 
rided,  That  pavmeiit<  of  sucli  installments  of  the  appropriation 
herein  made  as  shall  become  due  to  any  State  before  the  adjournment 
of  the  regular  session  of  legi'^lature  meeting  next  after  the  i>assage 
of  this  act  shall  be  made  upon  the  assent  of  the  governor  thereof, 
duly  certified  to  the  Secretary  of  the  Treasury. 

Act  August  30,  1890.  c.  841,  s.  2,  20  Stat.  418. 


OFFICE   OF   EXPERIMENT   STATIONS,  243 

Diminution  of  fund  to  be  restored  to  State,  etc.;  fund  not  to  be  applied  to 
buildings;  reports  of  condition  and  progress  of  colleges,  and  as  to  experi- 
ment stations. 

Skc.  3.  That  if  any  portion  of  the  moneys  received  by  the  desig- 
nated officer  of  the  State  or  Territory  for  the  further  and  more  com- 
plete endowment,  support,  and  maintenance  of  colleges,  or  of  insti- 
tutions f(n-  colored  students,  as  provided  in  this  act,  shall,  by  any 
action  or  contingency,  be  diminished  or  lost,  or  be  misapplied,  it 
shall  be  replaced  by  the  State  or  Territory  to  which  it  belongs,  and 
until  so  replaced  no  subsequent  api)ropriation  shall  be  apportioned 
or  paid  to  such  State  or  Territory;  and  no  portion  of  said  moneys 
shall  be  applied,  directly  or  indirectly,  under  any  pretense  whatever, 
to  the  purchase,  erection,  preservation,  or  repair  of  any  building  or 
buildings.'  An  annual  report  by  the  president  of  each  of  said  colleges 
shall  be  made  to  the  Secretary  of  Agriculture,  as  well  as  to  the  Sec- 
retary of  the  Interior,  regarding^  the  condition  and  progress  of  each 
college,  including  statistical  information  in  relation  to  its  receipts 
and  expenditures,  its  library,  the  number  of  its  students  and  pro- 
fessors, and  also  as  to  any  improvements  and  experiments  made 
under  the  direction  of  any  experiment  stations  attached  to  said  col- 
leges, with  their  cost  and  results,  and  such  other  industrial  and  eco- 
nomical statistics  as  may  be  regarded  as  useful,  one  copy  of  which 
shall  be  transmitted  by  mail  free  to  all  other  colleges  further  en- 
dowed under  this  act. 

Act  August  30.  1890,  c.  841,  s.  ?,,  20  Stat.  418. 

Annual  ascertainment  and  certification  of  amounts  due  States,  etc.;  certificates 
of  appropriations  withheld;  appeals  to  Congress. 

Sec.  4.  That  on  or  before  the  first  day  of  July  in  each  year,  after 
the  passage  of  this  act,  the  Secretary  of  the  Interior  shall  ascertain 
and  certify  to  the  Secretary  of  the  Treasury  as  to  each  State  and  Ter- 
ritory whether  it  is  entitled  to  receive  its  share  of  the  annual  appro- 
priation for  colleges,  or  of  institutions  for  colored  students,  under 
this  act,  and  the  amount  which  thereupon  each  is  entitled,  respec- 
tively, to  receive.  If  the  Secretary  of  the  Interior  shall  withhold  a 
certificate  from  any  State  or  Territory  of  its  appropriation  the  facts 
and  reasons  therefor  shall  be  reported  to  the  President,  and  the 
amount  involved  shall  be  kept  separate  in  the  Treasury  until  the 
close  of  the  next  Congress,  in  order  that  the  State  or  Territory  may. 
if  it  should  so  desire,  appeal  to  Congress  from  the  determination  of 
the  Secretary  of  the  Interior.  If  the  next  Congress  shall  not  direct 
such  sum  to  be  paid  it  shall  be  covered  into  the  Treasury.  And  the 
Secretary  of  the  Interior  is  hereby  charged  with  the  proper  admin- 
istration of  this  law. 

Act  August  30.  1890.  o.  841,  s.  4,  20  Stat.  419. 
Annual  reports  to  Congress  of  disbursements  and  of  withholding  appropriations. 

Sec.  5.  That  the  Secretary  of  the  Interior  shall  annually  report  to 
Congress  the  disbursements'  which  have  been  made  in  all  the  States 
and  Territories,  and  also  Avhether  the  appropriation  of  any  State  or 
Territory  has  been  withheld,  and  if  so,  the  reasons  therefor. 
Aft  August  30,  1890,  c.  841,  .s.  .'j,  26  Stat.  419. 


244         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Reservation  of  power  to  amend,  etc.,  or  repeal  act. 

Sec.  G.  Congress  may  at  any  time  amend,  suspend,  or  repeal  any  or 
all  of  the  provisions  of  this  act. 

Act  August  30,  1890,  c.  841,  s.  6,  26  Stat.  419. 

Provision.s  for  tlie  selection  of  lands  for  agricultural  college  purposes 
are  contained  in  act  April  2,  1884,  c.  20,  23  Stat.  10. 

Provisions  for  the  selection  of  lands  for  agricultural  college  purposes 
by  the  State  of  Mississippi  are  contained  in  act  February  20,  1895.  c. 
106,  28  Stat.  673. 

Receipts  from  the  sale  and  disposal  of  public  lands  in  certain  States 
and  Territories  are  appropriated  to  a  "reclamation  fund"  by  act  June 
17,  1902,  c.  1093,  s.  1,  32  Stat.  388,  and  by  a  proviso  annexed  to  said  sec- 
tion, in  case  the  receipts  from  the  sale  and  disposal  of  other  public  lands 
are  insuOicient  to  meet  the  requirements  for  the  support  of  agricultural 
colleges  under  this  act,  the  sum  necessary  is  to  be  provided  from  any 
moneys  in  the  Treasury  not  otherwise  appropriated. 

ACT  MARCH  4,  1907,  c.  2907.      (34  Stat.  1256.) 
Increased  annual  appropriation  for  agricultural  colleges. 

That  there  shall  be,  and  hereby  is,  annually  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  to  be  paid  as 
hereinafter  provided,  to  each  State  and  Territory  for  the  more  com- 
plete endowment  and  maintenance  of  agricultural  colleges  now  estab- 
lished, or  which  may  hereafter  be  established,  in  accordance  with  the 
Act  of  Congress  approved  July  vsecond,  eighteen  hundred  and  sixty- 
two,  and  the  Act  of  Congress  approved  August  thirtieth,  eighteen 
hundred  and  ninety,  the  sum  of  five  thousand  dollars,  in  addition  to 
the  sums  named  in  the  said  Act,  for  the  fiscal  year  ending  June  thir- 
tieth, nineteen  hundred  and  eight,  and  an  annual  increase  of  the 
amount  of  such  appropriation  thereafter  for  four  years  by  an  addi- 
tional sum  of  five  thousand  dollars  over  the  preceding  year,  and  the 
annual  sum  to  be  paid  thereafter  to  each  State  and  Territory  shall  be 
fifty  thousand  dollars,  to  be  applied  only  for  the  purposes  of  the  agri- 
cultural colleges  as  defined  and  limited  in  the  Act  of  Congress  ap- 
proved July  second,  eighteen  hundred  and  sixty-two,  and  the  Act  of 
Congress  approved  August  thirtieth,  eighteen  hundred  and  ninety. 

Time,  manner,  etc.,  of  annual  payments  to  States,  etc. 

That  the  sum  hereby  appropriated  to  the  States  and  Territorie.- 
for  the  further  endowment  and  support  of  the  colleges  shall  be  paid 
by,  to,  and  in  the  manner  prescribed  by  the  Act  of  Congress  approved 
Xiigust  thirtieth,  eighteen  hundred  and  ninety,  entitled  "An  Act  to 
apply  a  portion  of  the  jiroceeds  of  the  public  lands  to  the  more  com- 
plete endowment  and  support  of  the  colleges  for  the  benefit  of  agri- 
culture and  the  mechanic  arts  established  under  the  provisions  of  the 
Act  of  Congress  approved  July  second,  eighteen  hundred  and  sixty- 
two,"  and  the  expenditure  of  the  said  money  shall  be  governed  in  all 
respects  by  the  provisions  of  the  said  Act  of  Congi;ess  approved  July 
second,  eighteen  hundred  and  sixty-two,  and  the  said  Act  of  Congress 
approvpd  August  thirtieth,  eighteen  hundred  and  ninety:  Providcfh 
That  said  colleges  may  use  a  portion  of  this  money  for  providing 
courses  for  the  special  preparation  of  instructors  for  teaching  the 
elements  of  agriculture  and  the  mechanic  arts. 

Act  March  4,  1907,  c.  2907,  34  Stat.  1281. 

These  are  provisions  of  the  jigricultiiral  aiipropriation  act  for  the  fiscal 
year  1908.  cited  above. 


OFFICE   OF   EXPERIMENT   STATIONS.  245 

Act  July  2.  1S62.  c.  130,  nieiitioned  in  tlicso  provif^ions.  is  set  forth,  as 
ameudetl  by  act  March  3,  1SS3,  c.  102,  on  p.  237,  untv.  Act  August  30, 
iS90,  c.  S41.  also  mentioned,  is  set  forth  above. 

ACT  MARCH  2,  1887,  c.  314.  An  act  to  establish  agricultural  experiment  sta- 
tions in  connection  with  the  colleges  established  in  the  several  States  under 
the  provisions  of  an  act  approved  July  second,  eighteen  hundred  and 
sixty-two.  and  of  the  acts  supplementary  thereto.     (24  Stat.  440.) 

Establishment  of  experiment  stations  at  State  agricultural  colleges. 

That  in  order  to  aid  in  acquiring  and  diffusing  among  the  people 
of  the  United  States  useful  and  practical  information  on  subjects 
connected  Avith  agriculture,  and  to  promote  scientific  investigation 
and  experiment  respecting  the  principles  and  applications  of  agricul- 
tural science,  there  shall  be  established  under  direction  of  the  college 
or  colleges  or  agricultural  department  of  colleges  in  each  State  or 
Territory  established,  or  ■which  may  hereafter  be  established,  in 
accordance  with  the  provisions  of  an  act  approved  July  second, 
eighteen  hundred  and  sixty-two,  entitled  "An  act  donating  public 
lands  to  the  several  States  and  Territories  which  may  provide  colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts,  or  any  of  the 
supplements  to  said  act,  a  department  to  be  known  and  designated  as 
an  "*  agricultural  experiment  station :  "  Provided,  That  in  any  State 
or  Territory  in  which  two  such  colleges  have  been  or  may  be  so  estab- 
lished the  appropriation  hereinafter  made  to  such  State  or  Territory 
shall  be  equally  divided  between  such  colleges,  unless  the  legislature 
of  such  State  or  Territory  shall  otherwise  direct. 

Act  March  2.  1SS7,  c.  314,  s.  1,  24  Stat.  440. 

Act  July  12,  1862.  c.  130.  mentioned  above,  as  amended  by  act  March  3, 
1S83,  e.  102,  is  set  forth  on  p.  237,  ante. 

Scope  of  researches  of  experiment  stations. 

Sec.  2.  That  it  shall  be  the  object  and  duty  of  said  experiment 
stations  to  conduct  original  researches  or  verify  experiments  on  the 
physiology-  of  plants  and  animals :  the  diseases  to  which  they  are  sev- 
erally subject,  with  the  remedies  for  the  same:  the  chemical  composi- 
tion of  useful  plants  at  their  different  stages  of  growth ;  the  com- 
parative advantages  of  rotative  cropping  as  pursued  under  a  varying 
series  of  crops:  the  capacity  of  new  plants  or  trees  for  acclimation; 
the  analysis  of  soils  and  water;  the  chemical  composition  of  manures, 
natural  or  artificial,  with  experiments  designed  to  test  their  com- 
parative effects  on  crops  of  different  kinds;  the  adaptation  and  value 
of  grasses  and  forage  plants ;  the  composition  and  digestibility  of  tht 
different  kinds  of  food  for  domestic  animals;  the  scientific  and  eco- 
nomic questions  involved  in  the  production  of  butter  and  cheese; 
and  such  other  researches  or  experiments  bearing  directly  on  the 
agricultural  industry  of  the  United  States  as  may  in  each  case  be 
deemed  advisable,  having  due  regard  to  the  varying  conditions  and 
needs  of  the  respective  States  or  Territories. 

Act  March  2,  1887,  c.  314,  s.  2,  24  Stat.  440. 

The  stations  are  required  to  devote  a  portion  of  their  work  to  examina- 
tion and  classification  of  soils  of  their  respective  States  and  Territories, 
by  a  i)rovision  of  act  March  2,  1889,  c.  373.  set  forth  on  p.  252,  post. 

Provisions  requiring  the  stations  to  cooperate  with  the  Secretary  of 
Agriculture  in  establishing  and  maintaining  experimental  grass  stations, 
were  contained  in  the  agricultural  appropriation  acts  for  the  fiscal  years 
1900  to  ]9<¥;   inolnsive,  but  wore  not  continued  thereafter.    The  provision 


246         LAWS  APPLICABLE   TO   DEPAKTMENT   OF   AGRICULTURE. 

of  (ho  act  for  [he  fiscal  year  1906,  act  March  3,  1905,  c.  1405,  is  set  forth 
on  p.  252,  post. 

Provisions  requiring  the  stations  to  cooperate  with  the  Secretary  of 
Agricullure  in  carrying  out  investigations  on  the  nutritive  value  of 
various  articles  and  conuuodities  of  human  food,  and  in  carrying  out 
irrigation  and  drainnge  investigations,  were  contained  in  the  agricultural 
appropriation  acts  for  the  fiscal  years  1905  to  1907,  inclusive,  but  were 
discontinued  thereafter.  The  provisions  of  the  net  for  the  fiscal  year 
1907,  act  June  30,  1906,  c.  3913,  are  set  forth  on  pp.  252,  253,  post. 

Supervision  of  stations  by  Secretary  of  Agriculture;    annual  report  of  operations 
and  finances. 

Sec.  3.  That  in  order  to  secure,  as  far  as  practicable,  uniformity  of 
methods  and  results  in  the  work  of  said  stations,  it  shall  be  the  duty 
of  the  United  States  Commissioner  of  Agriculture  to  furnish  forms, 
as  far  as  practicable,  for  the  tabulation  oi  results  of  investigation  or 
experiments;  to  indicate,  from  time  to  time,  such  lines  of  inquir}^  as 
to  him  shall  seem  most  important;  and,  in  general,  to  furnish  such 
advice  and  assistance  as  will  best  promote  the  purpose  of  this  act. 
It  shall  be  the  duty  of  each  of  said  stations,  annually,  on  or  before 
the  first  day  of  Febiuary,  to  make  to  the  governor  of  the  State  or 
Territory  in  which  it  is  located  a  full  and  detailed  report  of  its 
operations,  including  a  statement  of  receipts  and  expenditures,  a 
copy  of  which  report  shall  be  sent  to  each  of  said  stations,  to  the 
said  Commissioner  of  Agriculture,  and  to  the  Secretary  of  the 
Treasury  of  the  United  States. 

Act  March  2,  1S87,  c.  314,  s.  3,  24  Stat.  441. 

The  Department  of  Agriculture  is  made  an  executive  department  under 
the  sui>ervision  and  control  of  a  Secretary  of  Agriculture,  by  act  February 
9,  1889,  c.  122,  s.  1,  set  forth  on  p.  9,  ante. 

Appropriations  for  carrying  into  effect  the  provisions  of  this  act,  and 
for  the  enforcement  of  the  provisions  of  section  3  thereof  relative  to 
their  administration,  are  made  in  the  agricultural  appropriation  acts  for 
the  fiscal  years  1S95  and  thereafter.  The  provisions  of  the  act  for  the 
fiscal  year  1913  are  set  forth  on  p.  254,  post. 

Provisions  that  the  Secretary  of  Agriculture  shall  prescribe  the  form 
of  the  annual  financial  statement  required  by  section  3  of  this  act, 
and  shall  ascertain  whether  the  exi)enditures  under  the  appropriations 
made  for  the  enforcement  of  the  act  are  in  accordance  with  the  provisions 
of  the  act,  and  make  reix)rt  thereon  to  Congress,  accompany  the  Siiid 
appropriations  for  the  enforcement  of  the  act  in  the  agricultural  appro- 
I»riation  acts  for  the  fiscal  years  1895  and  thereafter.  The  provision  of 
the  act  for  the  fiscal  year  1913  is  set  forth  on  p.  251,  post. 

Publication  and  distribution  of  bulletins;   bulletins  and  annual  reports  trans- 
mitted free  of  postage. 

Sec.  4.  That  bulletins  or  reports  of  progress  shall  be  published  at 
said  stations  at  least  once  in  three  months,  one  copy  of  whicli  shall 
be  sent  to  each  newspaper  in  the  States  or  Territories  in  which  they 
are  respectively  located,  and  to  such  individuals  ;ulually  engaged  in 
farming  as  may  request  the  same,  and  as  far  ns  the  means  of  the 
station  will  permit.  Such  bulletins  or  reports  and  the  annual  reports 
of  said  .stations  shall  be  traiismilled  in  the  mails  of  the  United  States 
free  of  charge  for  postage,  under  such  regulations  as  the  Postmaster- 
General  may  from  time  to  time  prescribe. 

Act  March  2,  1887,  c.  814,  s.  4,  24  Stat  44L 

Annual  appropriations  from  sales  of  public  lands,  for  expenses  of  stations;  time, 
manner,  etc.,  of  payment;    buildings. 

Sec.  5.  That  for  the  purpose  of  paying  the  necessary  expenses  of 
conducting  investigations  and   experiments  and  printing  and  dis- 


OFFICE   OF   EXPERIMENT   STATIONS.  247 

tributiiig-  the  results  as  hereinbefore  prescribed,  the  sum  of  fifteen 
thousanil  tlolhirs  per  annum  is  hereb}-  appropriated  to  each  State,  to 
be  specially  provided  for  by  Congress  in  the  appropriations  from 
year  to  year,  and  to  each  Territory  entitled  under  the  provisions  of 
section  eight  of  this  act.  out  of  any  money  in  the  Treasury  proceed- 
ing from  the  sales  of  public  lands,  to  be  paid  in  equal  quarterly  pay- 
ments, on  the  first  day  of  Januarv,  April,  July,  and  October  in  each 
year,  to  the  treasurer  or  other  ofhcer  duly  appointed  by  the  govern- 
ing boards  of  said  colleges  to  receive  the  same,  the  first  payment  to 
be  made  on  the  first  day  of  October,  eighteen  hundred  and  eighty- 
seven:  Provided^  lioicevei\  That  out  of  the  first  annual  appropriation 
so  received  by  any  station  an  amount  not  exceeding  one-fifth  may  be 
expended  in  the  erection,  enlargement,  or  repair  of  a  building  or 
buildings  necessary  for  carrying  on  the  work  of  such  station;  and 
thereafter  an  amount  not  exceeding  five  per  centum  of  such  annual 
appropriation  ma}^  be  so  expended. 

Act  March  2,  1887,  c.  314,  s.  5,  24  Stat.  441. 

The  sums  apportioned  to  the  several  States  and  Territories  are  required 
to  bo  paid  quarterly  in  advance,  by  provisions  of  the  agricultural  appro- 
priation acts  for  the  fiscal  year  1902  and  thereafter.  The  provision  of  the 
act  for  the  fiscal  year  1913  is  set  forth  on  p.  254,  i^ost. 

The  sum  named  in  this  section  is  increased  and  a  further  annual 
increase  for  five  years  is  provided  for.  the  annual  amount  to  be  paid  to 
each  State  and  Territory  being  $30,000,  by  act  March  16,  1906,  c.  951, 
set  forth  on  p.  249,  post. 

"Unexpended  appropriations. 

Sec.  6.  That  whenever  it  shall  appear  to  the  Secretary  of  the 
Treasury  from  the  annual  statement  of  receipts  and  expenditures 
of  any  of  said  stations  that  a  portion  of  the  preceding  annual  appro- 
priation remains  unexpended,  such  amount  shall  be  deducted  from 
the  next  succeeding  annual  appropriation  to  such  station,  in  order 
that  the  amount  of  money  appropriated  to  any  station  shall  not 
exceed  the  amount  actually  and  necessarily  required  for  its  main- 
tenance and  support. 

Act  March  2,  1887,  c.  314,  s.  6,  24  Stat.  441. 

Relation  of  agricultural  colleges  to  State  or  Territorial  governments  not  affected 
by  act. 

Sec,  7.  That  nothing  in  this  act  shall  be  construed  to  impair  or 
modify  the  legal  relation  existing  between  any  of  the  said  colleges 
and  the  government  of  the  States  or  Territories  in  which  they  are 
respectively  located. 

Act  March  2,  1887,  c.  314.  s.  7,  24  Stat.  441. 

Application  of  act  in  States  having  experiment  stations  separate  from  agricul- 
tural colleges. 

Sec.  8.  That  in  States  having  colleges  entitled  under  this  section 
to  the  benefits  of  this  act  and  having  also  agricultural  experiment 
.stations  established  by  law  separate  from  said  colleges,  such  States 
shall  be  authorized  to  apply  such  benefits  to  experiments  at  stations 
so  estal)lished  by  such  States;  and  in  case  any  State  shall  have  estab- 
lished under  the  provisions  of  said  act  of  July  second  aforesaid,  an 
agricultural  department  or  experimental  station,  in  connection  with 
any  university,  college,  or  institution  not  distinctively  an  agricultural 
college  or  school,  and  such  State  shall  have  established  or  shall  here- 
after establish  a  separate  agricultural  college  or  school,  which  shall 


248         LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

have  connected  therewith  an  experimental  farm  or  station,  the  legis- 
lature of  such  State  may  appl}^  in  whole  or  in  part  the  appropriation 
by  this  act  made  to  such  separate  agricultural  college,  or  school,  and 
no  legislature  shall  by  contract  express  or  implied  disable  itself  from 
so  domg. 

Act  March  2.  1887,  c.  314,  s.  8,  24  Stat.  441. 
Grants  of  moneys  subject  to  legislative  assent  of  States  and  Territories. 

Sec.  9.  That  the  grants  of  moneys  authorized  by  this  act  are  made 
subject  to  the  legislative  assent  of  the  several  States  and  Territories 
to  the  purposes  of  said  grants:  Provided^  That  payment  of  such  in- 
stalments of  the  appropriation  herein  made  as  shall  become  due  to 
any  State  before  the  adjournment  of  the  regular  session  of  its  legis- 
lature meeting  next  after  the  passage  of  this  act  shall  be  made  upon 
the  assent  of  the  governor  thereof  duly  certified  to  the  Secretary  of 
the  Treasury. 

Act  March  2,  18S7,  c.  314,  s.  9,  24  Stat.  442. 

Provisions  authorizing  the  governor  of  the  State  or  Territory  to  make 
assent  as  to  such  installments  of  appropriations  as  may  be  due  or  become 
due  when  the  legislature  is  not  in  session,  are  contained  in  act  June  7, 
1888,  c.  373,  and  act  March  16,  1906,  c.  951,  s.  2,  set  forth  below. 

Reservation  of  power  to  amend,  etc.,  or  repeal  act. 

Sec.  10.  Nothing  in  this  act  shall  be  held  or  construed  as  binding 
the  United  States  to  continue  any  payments  from  the  Treasury  to 
any  or  all  the  States  or  institutions  mentioned  in  this  act,  but  Con- 
gress may  at  any  time  amend  suspend  or  repeal  any  or  all  the  pro- 
visions of  this  act. 

Act  March  2,  1887,  c.  314,  s.  10,  24  Stat.  442. 

ACT  JUNE  7,  1888,  c.  373.  An  act  to  amend  an  act  entitled  "An  act  to  establish 
agricultural  stations  in  connection  with  the  colleges  establi.shed  in  tiie  sev- 
eral States  under  the  provisions  of  an  act  approved  July  second,  eighteen 
hundred  and  sixty-two,  and  of  the  acts  supplementary  thereto."  (25  Stat. 
176.) 

Assent  of  Governor  to  grant  of  money  to  State  or  Territory  for  experiment 
stations. 

That  the  grant  of  money  authorized  by  the  act  of  Congress  entitled 
"An  act  to  establish  agricultural  experiment  stations  in  connection 
with  the  colleges  established  in  the  several  States  under  the  pro- 
visions of  an  act  approved  July  second  eighteen  hundred  and  sixty- 
two,  and  of  acts  supplementary  thereto,-'  are  subject  as  therein  pro- 
vided to  the  legislative  assent  of  the  States  or  Territories  to  be 
affected  thereby;  but  as  to  such  installments  of  the  appropriations 
as  may  be  now  due  or  may  hereafter  become  due,  when  the  legisla- 
ture may  not  be  in  session,  the  governor  of  said  State  or  Territory 
may  make  the  assent  therein  provided,  and  upon  a  duly  certified 
copy  thereof  to  the  Secretary  of  the  Treasury  he  shall  cause  the  same 
to  be  paid  in  the  manner  provided  in  the  act  of  which  this  is  amenda- 
tory, until  the  termination  of  the  next  regular  session  of  the  legis- 
lature of  such  State  or  Territory. 

Act  June  7,  18.88,  c.  373.  1T^  Stat.  176. 

Act  March  2,  1887,  c.  314.  s.  9,  mentioned  and  amended  by  this  act,  is 
set  fcu'th  on  above. 


OFFICE    OF   EXPERIMENT    STATIONS.  249 

ACT  MARCH  16.  1906,  c.  951.  An  act  to  provide  for  an  increased  annual  appro- 
priation for  af:ricultural  experiment  stations  and  regulating  the  expenditure 
thereof.     (34  Stat.  63.) 

Increased  annual  appropriations  for  agricultural  experiment  stations. 

That  there  shall  be,  and  hereby  is,  annually  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  to  be  paid  as 
hereinafter  provided,  to  each  State  and  Territory,  for  the  more  com- 
plete endowment  and  maintenance  of  agricultural  experiment  sta- 
tions now  established  or  which  may  hereafter  be  established  in  ac- 
cordance with  the  Act  of  Congress  approved  March  second,  eighteen 
hundred  and  eighty-seven,  the  sum  of  live  thousand  dollars  in  addi- 
tion to  the  sum  named  in  said  Act  for  the  year  ending  June  thirtieth, 
nineteen  hundred  and  six,  and  an  annual  increase  of  the  amount  or 
such  appropriation  thereafter  for  five  years  by  an  additional  sum  of 
two  thousand  dollars  over  the  preceding  year,  and  the  annual  amount 
to  be  paid  thereafter  to  each  State  and  Territory  shall  be  thirty 
thousand  dollars,  to  be  applied  only  to  paying  the  necessary  expenses 
of  conducting  original  researches  or  experiments  bearing  directly  on 
the  agricultural  industry  of  the  United  States,  having  due  regard  to 
the  varying  conditions  and  needs  of  the  respective  States  or 
Territories. 

Act  March  16,  1906,  c.  951,  s.  1,  34  Stat.  63. 

Act  March  2,  1887,  c.  314,  mentioned  in  this  section,  is  set  forth  above. 
Section  5  of  that  act  appropriates  $15,000  per  annum  to  each  State  and 
Territory  for  expenses  of  experiment  stations  provided  for  by  that  act. 

This  act  is  construed,  as  to  amounts  thereby  appropriated  for  each 
fiscal  year  to  and  including  the  year  ending  June  30,  1911,  and  the  time 
of  payment  thereof,  by  provisions  of  act  June  30,  1900,  c.  3913,  set  forth 
below. 

Time,  manner,  etc.,  of  annual  payments  to  States  and  Territories;    grants   of 
money  subject  to  legislative  assent  or  assent  of  governor. 

Sec.  2.  That  the  sums  hereby  appropriated  to  the  States  and  Terri- 
tories for  the  further  endowment  and  support  of  agricultural  experi- 
ment stations  shall  be  annually  paid  in  equal  quarterly  payments  on 
the  first  day  of  January,  April,  July,  and  October  of  each  year  by 
the  Secretary  of  the  Treasury,  upon  the  warrant  of  the  Secretary  of 
Agriculture,  out  of  the  Treasury  of  the  United  States,  to  the  treasurer 
or  other  officer  duly  appointed  %  the  governing  boards  of  said  experi- 
ment stations  to  receive  the  same,  and  such  officers  shall  be  required 
to  report  to  the  Secretary  of  Agriculture  on  or  before  the  first  day  of 
September  of  each  year  a  detailed  statement  of  the  amount  so  received 
and  of  its  disbursement,  on  schedules  prescribed  by  the  Secretary  of 
Agriculture.  The  grants  of  money  authorized  by  this  Act  are  made 
subject  to  legislative  assent  of  the  several  States  and  Territories  to 
the  purpose  of  said  grants :  Provided^  That  payment  of  such  install- 
ments of  the  appropriation  herein  made  as  shall  become  due  to  any 
State  or  Territory  before  the  adjournment  of  the  regular  session  of 
legislature  meeting  next  after  the  passage  of  this  Act  shall  be  made 
upon  the  assent  or  the  goveraor  thereof,  duly  certified  by  the  Secre- 
tary of  the  Treasury. 

Act  March  16,  1906,  c.  951,  s.  2,  34  Stat.  63. 

Appropriations  for  carrying  out  the  provisions  of  sections  2,  4,  and  5 
of  this  act,  relative  to  their  administration,  are  made  in  the  agricultural 


250         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

appropriation  acts  for  the  fiscal  years  190S  and  thereafter.     The  pro- 
visions of  the  act  for  the  fiscal  year  1913  are  set  forth  on  p.  254,  post. 

Provisions  that  the  Secretary  of  Agriculture  shall  prescribe  the  form 
of  the  annual  financial  statement  required  by  this  act,  and  shall  ascertain 
whether  the  expenditures  under  the  appropriations  made  for  carrying 
out  the  provisions  of  the  act,  are  in  accordance  with  the  act,  and  make 
report  thereon  to  Congress,  accompany  appropriations  in  the  agricullui*al 
.•ippropriation  acts  for  the  fiscal  years  1008  and  thereafter.  The  provision 
of  the  act  for  the  fiscal  year  1913  is  set  forth  on  p.  251.  post. 

Diminution  of  fund  to  be  restored  by  State  or  Territory;  fund  not  to  be  applied 
to  buildings;  reports  of  operations,  etc.,  including  statements  of  receipts 
and  expenditures. 

Sec.  3.  That  if  any  portion  of  the  moneys  received  by  the  desig- 
nated officer  of  any  State  or  Territory  for  the  further  and  more  com- 
plete endowment,  support,  and  maintenance  of  agricultural  experi- 
ment stations  as  provided  in  this  Act  shall  by  any  action  or  con- 
tingency be  diminished  or  lost  or  be  misapplied,  it  shall  be  replaced 
by  said  State  or  Territory  to  which  it  belongs,  and  until  so  replaced 
no  subsequent  appropriation  shall  be  apportioned  or  paid  to  such 
State  or  Territory ;  and  no  portion  of  said  moneys  exceeding  five  per 
centum  of  each  annual  appropriation  shall  be  applied,  directly  or  in- 
directly, under  any  pretense  whatever,  to  the  purchase,  erection,  pre- 
servation, or  repair  of  any  building  or  buildings,  or  to  the  purchase 
or  rental  of  land.  It  shall  be  the  duty  of  each  of  said  stations  an- 
nually, on  or  before  the  first  day  of  February,  to  make  to  the  gover- 
nor of  the  State  or  Territory  in  which  it  is  located  a  full  and  detailed 
report  of  its  operations,  including  a  statement  of  receipts  and  ex- 
penditures, a  copy  of  which  report  shall  be  sent  to  each  of  said  sta- 
tions, to  the  Secretary  of  Agriculture,  and  to  the  Secretary  of  the 
Treasury  of  the  United  States. 

Act  March  16,  1906,  c.  951,  s.  3.  34  Stat.  63. 

Annual  ascertainment  and  certification  of  amounts  due  States,  etc.;  certificates 
of  appropriations  withheld;  appeals  to  Congress. 

Sec.  4.  That  on  or  before  the  first  day  of  July  in  each  year  after  the 
passage  of  this  Act  the  Secretary  of  Agriculture  shall  ascertain  and 
certify  to  the  Secretary  of  the  Treasury  as  to  each  State  and  Terri- 
tory whether  it  is  complying  with  the  provisions  of  this  Act  and  is 
entitled  to  receive  its  share  of  the  annual  appropriation  for  agricul- 
tural experiment  stations  under  this  Act  and  the  amount  which  there- 
upon each  is  entitled,  respectively,  to  receive.  If  the  Secretary  of 
Agriculture  shall  withhold  a  certificate  from  any  State  or  Territory 
of  its  appropriation,  the  facts  and  reasons  therefor  shall  be  reported 
to  the  President  and  the  amount  involved  shall  be  kept  separate  in 
the  Treasury  until  the  close  of  the  next  Congre.'^s  in  order  that  the 
State  or  Territory  may,  if  it  shall  so  desire,  appeal  to  Congress  from 
the  determination  of  the  Secretary  of  Agriculture.  If  the  next  Con- 
gress shall  not  direct  such  sum  to  be  paid,  it  shall  be  covered  into  the 
Treasury:  and  the  Secretary  of  Agriculture  is  hereby  charged  with 
the  proper  administration  of  this  law. 

Act  March  16.  1906,  c.  951.  s.  4,  34  Stat.  64. 
See  notes  under  section  2  of  this  not. 

Annual  reports  to  Congress  of  receipts  and  expenditures  and  work  of  stations, 
and  of  withholding  appropriations. 

Sec.  5.  That  the  Secretary  of  Agriculture  shall  make  an  annual 
report  to  Congress  on  the  receipts  and  expenditures  and  work  of  the 


OFFICE   OF   EXPERIMENT   STATIONS.  251 

agricultural  experiment  stations  in  all  of  the  States  and  Territories, 
and  also  Avhether  the  appropriation  of  any  State  or  Territory  has 
been  witiiheld;  and  if  so,  the  reason  therefor. 

Act  Mnrch  16,  1906,  c.  951,  s.  5,  34  Stat.  64. 
See  notes  under  section  2  of  this  act. 

Keseivation  of  power  to  amend,  etc.,  or  repeal  act. 

Sec.  6.  That  Congress  mav  at  any  time  amend,  suspend,  or  repeal 
any  or  all  of  the  provisions  of  this  Act. 

Act  yUu-ch  16.  1906,  c.  951,  s.  6,  34  Stat.  64, 

ACT  JUNE  30,  1906,  c.  3913.      (34  Stat.  669.) 

Annual    appropriations    for    agriciiltural    experiment    stations;    construction    of 
act  March  16.  1906.  c.  951. 

The  Act  of  Congress  approved  March  sixteenth,  nineteen  hundred 
and  six,  entitled  "An  Act  to  provide  for  an  increased  annual  appro- 
priation for  agricultural  experiment  stations  and  regulating  the  ex- 
penditures thereof,"  sliall  be  construed  to  appropriate  for  each  sta- 
tion the  sum  of  five  thousand  dollars  for  the  fiscal  vear  ending  June 
thirtieth,  nineteen  hundred  and  six,  the  sum  of  seven  thousand  dol- 
lars for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
seven,  the  sum  of  nine  thousand  dollars  for  the  fiscal  ^^ear  ending 
June  thirtieth,  nineteen  hundred  and  eight,  the  sum  of  eleven  thou- 
sand dollars  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred and  nine,  the  sum  of  thirteen  thousand  dollars  for  the  fiscal 
year  ending  June  thirtieth,  nineteen  hundred  and  ten.  and  the  sum 
of  fifteen  thousand  dollars  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  eleven.  The  sum  of  five  thousand  dollars  ap- 
propriated for  the  fiscal  year  nineteen  hundred  and  six  shall  be  paid 
on  or  before  June  thirtieth,  nineteen  hundred  and  six,  and  the 
amounts  appropriated  for  the  subsequent  years  shall  be  paid  as  pro- 
vided in  the  said  Act  to  each  State  and  Territory  for  the  more  com- 
plete endowment  and  maintenance  of  agricultural  experiment  sta- 
tions now  established  or  which  may  hereafter  be  established  in  ac- 
cordance with  the  Act  of  Congress  approved  March  second,  eighteen 
hundred  and  eighty-seven. 

Act  Jime  30,  1906,  c.  3913,  34  Stat.  696. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1907,  cited  above. 

Act  March  16,  1906,  c.  951,  and  act  March  2,  1887,  c.  314,  mentioned  and 
construed  by  this  para.sraiib.  :ire  set  forth  above. 

ACT  AUGUST  10,   1912,  c.  284.     (37  Stat.  269.) 

Form  of  annual  financial  statement  of  agricultural  experiment  stations;   ascer- 
tainment as  to  expenditures  and  report  thereon  to  Congress. 

*  *  *  the  Secretary  of  Agriculture  shall  prescribe  the  form  of 
the  annual  financial  statement  required  under  the  above  Acts,  ascer- 
tain whether  the  expenditures  are  in  accordance  with  their  provisions 
and  make  report  thereon  to  Congress  •     *     *     * 

Act  August  10,  1915.  c.  284,  37  Stat.  297. 

This  is  a  provision  accompanying  an  appropriation  for  the  enforce- 
ment of  the  provisions  of  act  M.irch  2.  1.SS7,  c  314.  iiml  act  March  16, 
1906.  c.  9.51,  in  the  agricultural  apjiropriation  act  for  the  fi.soal  year  1913. 
cited  above.  Similar  provisions  accompany  such  appropriations  for  carry- 
ing into  effect  the  provisions  of  said  act  March  2.  1887.  in  the  agricultural 
appropriation  acts  for  the  fiscal  years  1895  and  thereafter  to  and  includ- 


252         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGPvICULTUEE. 

iug  1907.  and  for  carrjiug  out  ihe  provisions  of  said  act  March  2,  1SS7, 
and  also  said  act  March  16,  1906,  in  the  agricultural  appropriation  acts 
for  the  fiscal  years  1908  and  thereafter. 

ACT  MARCH  2,  1889,  c.  373.      (25  Stat.  835.) 

Examination  and  classification  of  soils  by  agn^icultural  experiment  stations. 

*  *  *  That,  as  far  as  practicable,  all  such  stations  shall  devote 
a  portion  of  their  Avork  to  the  examination  and  classification  of  the 
soils  of  their  respective  States  and  Territories,  with  a  view  to  securing 
more  extended  knowledge  and  better  development  of  their  agricul- 
tural capabilities. 

Act  March  2,  1889,  c.  .373,  25  Stat.  841. 

This  is  a  proviso  annexe<l  to  an  appropriation  for  experiment  stations 
in  the  agricultural  appropriation  act  for  the  fiscal  year  1890,  cited  above. 

ACT  MARCH  3,  1905,  c.  1405.      (33  Stat.  861.) 

Cooperation  of  agricultural  experiment  stations  in  establishing  and  maintaining 
experimental  grass  stations. 

*  *  *  the  agricultural  experiment  stations  are  hereby  author- 
ized and  directed  to  cooperate  with  the  Secretary  of  Agriculture  in 
establishing  and  maintaining  experimental  grass  stations,  for  deter- 
mining the  best  methods  of  caring  for  and  improving  meadows  and 
grazing  lands,  the  use  of  different  grasses  and  forage  plants,  and 
their  adaptability  to  various  soils  and  climates,  the  best  native  and 
foreign  species  for  reclaiming  overstocked  ranges  and  pastures,  for 
renovating  worn-out  lands,  for  binding  drifting  sands  and  washed 
lands,  and  for  turfing  lawns  and  pleasure  grounds,  and  for  solving 
the  various  forage  problems  presented  in  the  several  sections  of  our 
countrv.     *     *     * 

Act  March  3,  1905,  c.  1405,  33  Stat.  869. 

This  is  a  provision  accompanying  an  appropriation  for  grass  and 
forage-plant  investigations,  in  the  agricultural  appropriation  act  for  the 
fiscal  year  1900.  cited  above.  Similar  provisions  were  contained  in  the 
similar  appropriation  acts  for  the  fiscal  year  1900  and  intervening  fiscal 
years. 

ACT  JUNE  30,  1906,  c.  3913.      (34  Stat.  669.)  ^ 

Cooperation  of  agriicultural  experiment  stations  in  nutrition  investigations. 

Nutrition  investigations  :  To  enable  the  Secretary  of  Agriculture 
to  investigate  and  report  upon  the  nutritive  value  of  the  various  arti- 
cles and  commodities  used  for  human  food,  with  special  suggestions 
of  full,  wholesome,  and  edible  rations  less  wasteful  and  more  econom- 
ical than  those  in  common  use,  including  special  investigations  on  the 
nutritive  value  and  economy  of  the  diet  in  public  institutions:  and  the 
Secretai'v  of  Agriculture  is  hereby  authorized  to  employ  such  assist- 
ants, clerks,  and  other  ))ersons  as  he  may  deem  necessary  in  the  city 
of  Washington  and  elsewhere;  and  the  agricultural  experiment  sta- 
tions arc  authorized  and  directed  to  cooperate  with  the  Secretary  of 
Agriculture  in  carrying  out  said  investigations  in  such  manner  and  to 
such  extent  as  may  be  warranted  by  a  due  regard  to  the  varying  con- 
ditions and  needs  of  the  respective  States  and  Territories,  and  as  may 
be  mutually  agreed  upon;  and  the  Secretary  of  Agriculture  is  hereby 
authorized  to  re(]uirc  said  stations  to  report  to  him  the  results  of  any 
such  investigations  Avhich  they  may  carry  out,  whether  in  cooperation 
with  the  said  Secretary  of  Agriculture  or  otherwise,     *     *     * 


OFFICE   OF   EXPERIMENT   STATIONS.  253 

Cooperation  of  agricultural  experiment  stations  in  irrigation  and  drainage 
investigations. 

Trrioation  and  drainage  investigations:  To  enable  the  Secretary 
of  Agriculture  to  investigate  and  report  upon  the  laws  of  the  States 
and  Territories  as  affecting  irrigation  and  the  rights  of  appropriators 
and  of  riparian  proprietors  and  institutions  relating  to  irrigation  and 
upon  the  use  of  irrigation  waters,  at  home  and  abroad ;  with  especial 
suggestions  of  the  best  methods  for  the  utilization  of  irrigation  waters 
in  agriculture,  and  upon  plans  for  the  removal  of  seepage  and  surplus 
waters  bv  drainage,  and  upon  the  use  of  different  kinds  of  power  and 
appliances  for  irrigation,  and  drainage;  and  for  the  preparation, 
printing,  and  illustration  of  reports  and  bulletins  on  irrigation  and 
drainage,  including  employment  of  labor  in  the  city  of  Washington  or 
elsewhere;  and  the  agricultural  experiment  stations  are  hereby  au- 
thorized and  directed  to  cooperate  wnth  the  Secretary  of  Agriculture 
in  carrying  out  said  investigations  in  such  manner  and  to  such  extent 
as  may  be  warranted  by  a  due  regard  to  the  varying  conditions  and 
needs  and  laws  of  the  respective  States  and  Territories  as  may  be 
mutually  agreed  upon,  and  all  necessary  expenses,     *     *     * 

Act  June  30,  1906.  c.  3913,  34  Stat.  694. 

These  are  paragraphs  of  the  agricultural  appropriation  act  for  the 
fiscal  year  1907,  cited  above.  Provisions  requiring  the  agricultural 
exi)eriment  stations  to  cooperate  with  the  Secretary  of  Agriculture  in 
nutrition  investigations  and  irrigation  and  drainage  investigations,  in 
the  same  language,  accompanied  appropriations  for  such  investigations 
in  the  agricultural  appropriation  acts  for  the  fiscal  year  1905  and  inter- 
vening fiscal  years.  Provisions  relating  to  such  cooperation  were  omitted, 
however,  from  the  appropriations  for  the  pun^oses  mentioned  in  the  simi- 
lar appropriation  acts  for  the  fiscal  years  190S  and  thereafter. 

ACT  MAY  23,  1908,  c.  192.      (35  Stat.  251.) 

Sale  of  copies  of  card  index  of  agricultural  literature;   disposition  of  proceeds. 

And  the  Secretary  of  Agriculture  hereafter  may  furnish  to  such 
in.stitutions  or  individuals  as  may  care  to  buy  them  copies  of  the  card 
index  of  agricultural  literature  prepared  by  the  Office  of  Experiment 
Stations,  and  charge  for  the  same  a  price  covering  the  additional 
expense  involved  in  the  preparation  of  these  copies,  the  money  re- 
ceived from  such  sales  to  be  deposited  in  the  Treasury  of  the  United 
States  as  miscellaneous  receipts;     *     *     *, 

Act  May  23,  1908,  c.  192,  35  Stat.  266. 

This  is  a  provision  of  the  agi'icultural  appropriation  act  for  the  fiscal 
year  1909,  cited  above.  Provisions  in  substantially  similar  language,  but 
without  the  word  "hereafter",  accompanied  appropriations  for  "Office 
of  Experiment  Stations"  in  the  agricultural  appropriation  acts  for  the 
fiscal  year  1893  and  intervening  fiscal  years. 

A  similar  provision  of  the  act  cited  above  relating  to  the  sale  of  a  card 
index  of  agricultural  literature,  prepared  by  the  Library  of  the  depart- 
ment, is  set  forth  on  p.  236,  ante,  under  "  Library." 

RES.  APRIL  27.  1904,  No.  29.  Joint  resolution  providing  for  printing  annually 
the  report  of  the  Director  of  the  Office  of  Experiment  Stations,  Department 
of  Agriculture.     (33  Stat.  590.) 

Report  of  Director  of  Office  of  Experiment  Stations. 

That  there  be  printed  eight  thousand  copies  of  the  Report  of  the 
Director  of  the  Office  of  Experiment  Stations,  prepared  under  the 
supervision  of  the  Secretary  of  Agriculture,  on  the  work  and  expendi- 
tures of  that  office  and  of  the  agricultural  experiment  stations  estab- 


254         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

lished  in  the  several  States  and  Territories  under  the  Act  of  Congress 
of  March  second,  eighteen  hundred  and  eighty-seven,  for  nineteen 
hundred  and  three,  of  which  one  thousand  copies  shall  be  for  the  use 
of  the  Senate,  two  thousand  copies  for  the  use  of  the  House  of  Repre- 
sentatives, and  five  thousand  copies  for  the  use  of  the  Department  of 
Agriculture;  and  that  annually  hereafter  a  similar  report  shall  be 
prepared  and  printed,  the  edition  to  be  the  same  as  for  the  report 
herein  provided. 

Kes.  April  27,  1904,  No.  29,  33  Stat.  590. 

Act  March  2,  1887,  c.  314,  mentioned  in  this  resolution,  is  set  forth 
on  p.  245,  ante. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Office  of  Experiment  Stations:  One  director,  four 
thousand  five  hundred  dollars;  one  chief  clerk,  two  thousand  dollars; 
one  computer,  two  thousand  dollars;  one  draftsman,  one  thousand 
eight  hundred  dollars;  one  clerk  and  proof  reader,  one  thousand  eight 
hundred  dollars;  one  editorial  clerk,  one  thousand  four  hundred 
dollars;  one  editorial  clerk,  one  thousand  two  hundred  dollars;  one 
draftsman,  one  thousand  two  hundred  dollars;  two  clerks,  class  three; 
four  clerks,  class  two;  seven  clerks,  class  one;  six  clerks,  at  one  thou- 
sand dollars  each;  twelve  clerks,  at  nine  hundred  dollars  each;  one 
messenger,  eiglit  hundred  and  forty  dollars;  three  messengers,  mes- 
senger boys,  or  laborers,  at  six  hundred  dollars  each ;  four  messengers, 
messenger  boys,  or  laborers,  at  four  hundred  and  eighty  dollars  each ; 
one  skilled  laborer,  nine  hundred  dollars;  five  laborers  or  charwomen, 
at  four  hundred  and  eighty  dollars  each;  two  laborers  or  charwomen, 
at  two  hundred  and  forty  dollars  each;  in  all,  fifty-eight  thousand 
two  hundred  and  forty  dollars. 

General  expenses,  Office  of  Experi:ment  Stations:  To  carry  into 
effect  the  provisions  of  an  Act  approved  March  second,  eighteen  hun- 
dred and  eighty-seven,  entitled  "An  Act  to  establish  agricultural 
experiment  stations  in  connection  with  the  colleges  established  in 
the  several  States  under  the  provisions  of  an  Act  approved  July 
second,  eighteen  hundred  and  sixty-two,  and  of  the  Acts  supple- 
mentary thereto,"  the  sums  apportioned  to  the  several  States  and 
Territories  to  be  paid  quarterl}'  in  advance,  seven  hundred  and  twenty 
thousand  dollars: 

To  carry  into  effect  the  provisions  of  an  Act  approved  March  six- 
teenth, nineteen  hundred  and  six,  entitled  "An  Act  to  provide  for  an 
increased  annual  appropriation  for  agricultural  experiment  stations 
and  regulating  the  expenditure  thereof,"  the  sums  ai^portioned  to  the 
several  States  and  'J'erritorios  to  be  paid  quarterly  in  advance,  seven 
hundred  and  twenty  thousand  dollars:  Prorided.  That  not  to  exceed 
fifteen  thousand  dollars  .shall  be  paid  to  each  State  and  Territory 
under  this  Act ; 

To  enable  the  Secretary  of  Agriculture  to  enforce  the  provisions  of 
the  above  Acts,  relative  to  their  administration,  including  the  employ- 
ment of  clerks,  assistants,  and  other  persons  in  the  city  of  Washing- 
ton and  elsewhere,  freight  and  exi)ress  cJiarges.  official  traveling  ex- 
penses, office  fixtures,  supplies,  apparatus,  telegraph  and  telephone 
service,  gas,  electric  current,  and  rent  outside  of  the  District  of 
Columbia,  thirty-eight  thousand  four  hundred  dollars;     *     *     * 

A  iirovlslon.  liere  oinittod,  tlint  Ihe  So<'retnry  of  Aprlculture  shall  pre- 
scrilie  the  fdiiu  <if  fhi.iiicial  statement  required  under  the  two  acts  luen- 


OFFICE   OF  EXPEKIMENT   STATIONS.  255 

lioiiod  al>()vc,  asoertiiin  wliotlier  the  expenditures  are  in  accordance  with 
iheir  provisions,  and  malvc  report  tlicreon  to  Couj;ress.  is  set  forth  on 
p.  251,  ante. 

To  enable  the  Secretary  of  Agriculture  to  establish  and  maintain 
agricultural  experiment  stations  in  Alaska,  Hawaii,  Porto  Rico,  and 
the  island  of  Guam,  including  the  erection  of  buildings,  the  prepara- 
tion, illustration,  and  distribution  of  reports  and  bulletins,  and  all 
other  necessary  expenses,  one  hundred  and  five  thousand  dollars,  as 
follows:  Alaska,  thirty  thousand  dollars;  Hawaii,  thirty  thoiisand 
dollars;  Porto  Rico,  thirty  thousand  dollars;  and  Guam,  fifteen 
thousand  dollars;  and  the  Secretary  of  Agriculture  is  authorized  to 
sell  such  products  as  are  obtained  on  the  land  belonging  to  the  agri- 
cultural experiment  stations  in  Alaska,  Hawaii,  Porto  Rico,  and  the 
island  of  Guam,  and  to  apply  the  money  received  from  the  sale  of 
such  products  to  the  maintenance  of  said  stations,  and  this  fund  shall 
be  available  until  used; 

To  enable  the  Secretary  of  Agriculture  to  investigate  and  report 
upon  the  organization  and  progress  of  farmers'  institutes  and  agri- 
cultural schools  in  the  several  States  and  Territories,  and  itpon 
similar  organizations  in  foreign  countries,  with  special  suggestions  of 
plans  and  methods  for  making  such  organizations  more  effective  for 
the  dissemination  of  the  results  of  the  work  of  the  Department  of 
Agriculture  and  the  agricultural  experiment  stations,  and  of  improved 
methods  of  agricultural  practice,  including  the  employment  of  labor 
in  the  city  of  Washington  and  elsewhere,  and  all  other  necessary 
expenses,  fifteen  thousand  seven  hundred  and  sixty  dollars ; 

In  all  for  general  expenses,  one  million  five  hundred  and  ninety- 
nine  thousand  one  hundred  and  sixty  dollars. 

XuTRiTiox  INVESTIGATIONS :  To  enable  the  Secretary  of  Agriculture 
to  investigate  the  nutritive  value  of  agricultural  products  used  for 
human  food,  with  special  suggestions  of  plans  and  methods  for  the 
more  effective  utilization  of  such  products  for  this  purpose,  with  the 
cooperation  of  other  bureaus  of  the  department,  and  to  disseminate 
useful  information  on  this  subject,  including  the  employment  of 
labor  in  the  city  of  Washington  and  elsewhere,  and  all  other  necessary 
expenses,  sixteen  thousand  dollars. 

Irrigation  investigations:  To  enable  the  Secretary  of  Agricul- 
ture to  investigate  and  report  upon  the  laws  of  the  States  and  Ter- 
ritories as  affecting  irrigation  and  the  rights  of  appropriators,  and 
of  riparian  proprietors  and  institutions  relating  to  irrigation,  and 
upcn  the  use  of  irrigation  water  at  home  and  abroad  with  especial 
suggestions  of  the  best  methods  for  the  utilization  of  irrigation  waters 
in  agriculture,  and  upon  the  use  of  different  kinds  of  power  and  appli- 
ances for  irrigation  and  for  the  preparation  and  illustration  of 
reports  and  bulletins  on  irrigation,  including  the  employment  of 
labor  in  the  city  of  Washington  and  elsewhere,  rent  outside  of  the 
District  of  Columbia,  and  all  necessary  expenses,  ninety-eight  thoii- 
sand  three  hundred  dollars:  Provided,  That  the  Secretary  of  Agri- 
culture be,  and  he  is  hereby,  authorized  and  directed  to  cause  a 
thorough  investigation  to  be  made  and  report  to  Congress  at  the 
opening  of  the  next  session  upon  the  feasibility  and  the  economy  of 
irrigation  by  the  reservoir  system  or  plan  in  western  Kansas  and 
western  Oklahoma. 

Drainage  investigations:  To  enable  the  Secretary  of  Agriculture 
to  investigate  and  report  upon  the  drainage  of  swamp  and  other  Avet 


256         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

lands  which  may  be  made  available  for  agricultural  purposes,  and  to 
prepare  plans  for  the  removal  of  surplus  waters  by  drainage  from 
such  lands,  and  for  the  preparation  and  illustration  of  reports  and 
bulletins  on  drainage,  including  the  employment  of  labor  in  the  city 
of  Washington  and  elsewhere,  rent  outside  of  the  District  of  Co- 
lumbia, and  all  necessary  expenses,  one  hundred  thousand  dollars. 

Total  for  Office  of  Experiment  Stations,  one  million  eight  hundred 
and  seventy-one  thousand  and  seven  hundred  dollars. 

Act  August  10.  lf)12.  c.  284,  37  Stat.  297. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 


OFFICE   OF   PUBLIC   ROADS. 

ACT  JUNE  30,  1906,  c.  3913.      (34  Stat.  669.) 
Director  of  office. 

*  *  *  One  director,  who  shall  be  a  scientist  and  have  charge 
of  all  scientific  and  technical  work.     *     *     *, 

Art  .TuTie  30,  1906,  c.  3913,  34  Stat.  694. 

Tliis  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1907,  cited  above.  Provisions  iu  the  same  words  are  contained  in 
the  similar  acts  for  subsequent  fi.sf-al  years.  The  provision  in  the  act  for 
the  fiscal  year  1913  is  set  forth  below. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Salaries,  Office  of  Public  Roads:  One  director,  who  shall  be  a 
scientist  and  have  charge  of  all  scientific  and  technical  work,  four 
thousand  dollars;  one  chief  clerk,  one  thousand  nine  hundred  dollars: 
two  clerks,  class  three;  one  clerk  or  instrument  maker,  one  thousand 
four  hundred  and  forty  dollars;  one  clerk,  one  thousand  three  hun- 
dred and  twenty  dollars;  three  clerks,  at  one  thousand  two  hundred 
and  sixty  dollars  each;  three  clerks,  class  one;  one  clerk  or  photog- 
rapher, one  thousand  two  hundred  dollars;  one  clerk  or  photographer, 
one  thousand  dollars;  two  clerks,  at  one  thousand  one  hundred  and 
forty  dollars  each;  one  clerk,  one  thousand  and  eighty  dollars;  one 
clerk,  one  thousand  and  twenty  dollars:  four  clerks,  at  one  thousand 
dollars  each;  one  clerk,  nine  hundred  dollars;  one  clerk  or  instru- 
ment nuiker,  one  thousand  two  hundred  dollars;  one  messenger  or 
laborer,  seven  hundred  and  twenty  dollars;  one  messenger  or  hiborer, 
six  liuiidrcd  and  sixty  dollars:  four  messengers  or  laborers,  at  six 
hundred  dollars  each;  one  messenger  boy,  four  hundred  and  eighty 
dollars:  one  messenger  boy.  three  hundred  and  sixty  dollars;  two 
charwomen,  at  two  hundred  and  forty  dollars  each;  in  all.  thirty- 
seven  thousand  and  twenty  dollars. 

Genkkal  Exi'ENSKs,  OriuK  OF  PuBLic  RoADs :  For  salaries,  and 
the  emplo^'ment  of  labor  in  the  city  of  Washington  and  elsewhere, 
supplies,  office  fixtures,  apparatus,  traveling  and  all  other  necessary 
expen.ses  for  conducling  investigations  and  experiments,  and  for 
collating,  reporting,  and  illustrating  the  result.s  of  same,  and  for  pre- 
paring, publishing,  and  distributing  bulletins  and  reports  as  follows: 
Prorided,  That  no  jiart  of  these  approju'iations  shall  be  expended 
for  the  rent  or  purchase  of  road-making  machinery  except  such  as 
may  be  nece.^^sary  for  field  experimental  work  as  hereinafter  provided 
for: 


INSECTICIDE   ACT   OF    1910.  257 

For  inquirios  in  ie<;ard  to  systems  of  road  management  throughout 
the  United  States  and  for  giving  exi>ert  advice  on  this  subject, 
twenty-five  thousand  doUars; 

For  investigations  of  the  best  methods  of  road  making  and  the  best 
kinds  of  road-making  materials,  and  for  furnishing  expert  advice  on 
road  buikling  and  maintenance,  seventy-five  thousand  doHars; 

For  investigations  of  the  chemical  and  j)hysical  character  of  road 
materials,  twenty-live  thousand  dollars; 

For  conducting  field  experiments  and  various  methods  of  road  con- 
struction and  maintenance,  and  investigations  concerning  various 
road  mat,erials  and  ]:)reparations;  for  investigating  and  developing 
equipment  intended  for  the  preparation  and  application  of  bitumi- 
nous and  other  binders:  for  the  purchase  of  materials  and  equipment; 
for  the  employment  of  assistants  and  labor;  for  the  erection  of 
buildings;  such  experimental  work  to  be  confined  as  nearly  as  possible 
to  one  point  during  the  hscal  year,  thirty  thousand  dollars; 

For  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  investigations  and  experiments,  ten  thousand  one 
hundred  dollars; 

In  all,  for  general  expenses,  one  hundred  and  sixty-five  thousand 
one  hundred  dollars. 

Total  for  Office  of  Public  Koads,  two  hundred  and  two  thousand 
one  hundred  and  twenty  dollars. 

Act  Aii.arust  10,  1U12.  c.  284,  ?,7  Stat.  2m). 

These  are  provisions  of  the  ayriciilturnl  apiiroitrijitiou  act  for  the  tiscal 
year  1!)],'],  cited  above. 


INSECTICIDE  ACT  OF  1910. 

ACT  APRIL  26.  1910.  c.  191.  An  act  for  preventing  the  manufacture,  sale,  or 
transix)rratit>ii  of  atlullciated  or  niisbrandert  Paris  greens,  lead  arsenates, 
and  other  insecticiiles.  and  also  fungicides,  and  for  regulating  traffic 
therein,  and  for  other  purposes.     (.36  Stat.  331.) 

Manufacture  of  adulterated  or  misbranded  insecticides,  etc.,  and  fungicides  in 
the  Territories  or  District  of  Columbia,  unlawful;  violation  of  provisions 
a  misdemeanor;   punishment. 

That  it  shall  be  unlawful  for  any  person  to  manufacture  within 
any  Territory  or  the  District  of  Columbia  any  insecticide,  Paris 
green,  lead  arsenate,  oi-  fungicide  which  is  adulterated  or  misbranded 
within  the  meaning  of  this  Act;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  fined  not  to  exceed  two  hun- 
dred dollars  for  the  hrst  olf'ense.  and  upon  conviction  for  each  sub- 
sequent offense  be  fined  not  to  exceed  three  hundred  dollars,  or  sen- 
tenced to  imprisonment  for  not  to  exceed  one  year,  or  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court. 

Act  April  2(j,  liUO.  c.  101.  s.  1,  30  Stat.  .'531. 

Interstate  or  foreign  commerce  in  adulterated  or  misbranded  insecticides,  etc., 
and  fungicides,  prohibited;  shipment,  delivery,  etc.,  of  such  articles  a  mis- 
demeanor;  punishment;  articles  for  export. 

Sec.  -2.  That  the  introduction  into  any  State  or  Territory  or  the 
District  of  Columbia  from  any  other  State  or  Territory  or  the  Dis- 
trict of  Columbia,  or  from  any  foreign  country,  or  shipment  to  any 

71657—13 17 


258  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

foreign  country,  of  any  insecticide,  or  Paris  green,  or  lead  arsenate, 
or  fungicide  which  is  adulterated  or  misbranded  within  the  mean- 
ing of  this  Act  is  hereby  prohibited;  and  any  person  who  shall  ship 
or  deliver  for  shipment  from  any  State  or  Territory  or  the  District 
of  Columbia  to  any  other  State  or  Territory  or  the  District  of 
Columbia,  or  to  a  foreign  country,  or  who  shall  receive  in  any  State 
or  Territory  or  the  District  of  Columbia  from  any  other  State  or 
Territory  or  the  District  of  Columbia,  or  foreign  country,  and  hav- 
ing so  received,  shall  deliver,  in  original  unbroken  packages,  for  pay 
or  otherwise,  or  offer  to  deliver,  to  any  other  person,  any  such 
article  so  adulterated  or  misbranded  within  the  meaning  of  this 
Act,  or  any  person  who  shall  sell  or  otTer  for  sale  in  the  District  of 
Columbia  or  any  Territory  of  the  United  States  any  such  adulterated 
or  misbranded  insecticide,  or  Paris  green,  or  lead  arsenate,  or  fungi- 
cide, or  export  or  offer  to  export  the  same  to  any  foreign  country, 
shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  be  fined  not 
exceeding  two  hundred  dollars  for  the  first  offense,  and  upon  con- 
viction for  each  subsequent  offense  not  exceeding  three  hundred  dol- 
lars, or  be  imprisoned  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court:  Provided^  That  no  article  shall  be  deemed 
misbranded  or  adulterated  within  the  provisions  of  this  Act  when 
intended  for  export  to  any  foreign  country  and  prepared  or  packed 
according  to  the  specifications  or  directions  ot  the  foreign  pur- 
chaser; but  if  said  articles  shall  be  in  fact  sold  or  offered  for  sale 
for  domestic  use  or  consumption,  then  this  proviso  shall  not  exempt 
said  article  from  the  operation  of  any  of  the  other  provisions  of  this 
Act. 

Act  April  2G,  1910,  c.  191.  8.  2.  36  Stat.  331. 

Begnlatlons  for  carrying  out  provisions  of  act;  collection  and  examination  of 
ipecimens  of  insecticides,  etc.,  and  fungicides. 

Sec.  8.  That  the  Secretary  of  the  Treasury,  the  Secretary  of  Agri- 
culture, and  the  Secretary  of  Commerce  and  Labor  shall  make  uni- 
form rules  and  regulations  for  carrying  out  the  provisions  of  this 
Act,  including  the  collection  and  examination  of  specimens  of  insecti- 
cides, Paris  greens,  lead  arsenates,  and  fungicides  manufactured  or 
offered  for  sale  in  the  District  of  Columbia  or  in  any  Territory  of  the 
United  States,  or  which  shall  be  offered  for  sale  in  unbroken  pack- 
ages in  any  State  other  than  that  in  which  they  .shall  have  been  re- 
spectivelv  manufactured  or  produced,  or  which  shall  be  received  from 
an}'  foreign  country  or  intended  for  shipment  to  any  foreign  country, 
or  which  may  be  submitted  for  examination  by  the  director  of  the  ex- 
perintent  station  of  any  State,  Territory,  or  the  District  of  Columbia 
(acting  under  the  direction  of  the  Secretary  of  Agriculture),  or  at 
any  domestic  or  foreign  port  through  which  such  product  is  offered 
for  interstate  commerce,  or  for  export  or  import  between  the  United 
States  and  any  foreign  port  or  country. 

Act  April  26.  1910,  c.  191,  s.  3,  36  Stat.  331. 

Making  of  examinations  of  specimens  of  insecticides,  etc.,  and  fungicides;  notice 
of  adulteration  or  misbranding  to  party,  and  hearing  thereon;  certification 
of  violations  of  act  to  district  attorneys;  notice  by  publication  of  judgment 
of  court. 

Sec.  4.  That  the  examination  of  specimens  of  insecticides,  Paris 
greens,  lead  arsenates,  and  fungicides  shall  be  made  in  the  Depart- 
ment of  Agriculture,  by  such  existing  bureau  or  bureaus  as  may  be 


INSECTICIDE  ACT  OF  1910.  259 

directed  by  the  Secretary,  for  the  purpose  of  determining  from  suck 
examination  whether  such  articles  are  adulterated  or  misbranded 
within  the  meaning  of  this  Act;  and  if  it  shall  appear  from  any  such 
examination  that  any  of  such  specimens  are  adulterated  or  mis- 
branded  within  the  meaning  of  this  Act,  the  Secretary  of  Agriculture 
shall  cause  notice  thereof  to  be  given  to  the  party  from  wnom  such 
sample  was  obtained.  Any  party  so  notified  shall  be  given  an  oi>- 
portunity  to  be  heard,  uncler  such  rules  and  regulations  as  may  be 
prescribed  as  aforesaid,  and  if  it  appears  that  any  of  the  provisions 
of  this  Act  have  been  violated  bv  such  party,  then  the  Secretary  of 
Agriculture  shall  at  once  certify  the  facts  to  the  proper  United 
States  district  attorney,  with  a  copy  of  the  results  of  the  analysis  or 
the  examination  of  such  article  duly  authenticated  by  the  analyst-or 
officer  making  such  examination,  under  the  oath  of  such  officer. 
After  judgment  of  the  court,  notice  shall  be  given  by  publication  in 
such  manner  as  may  be  prescribed  by  the  rules  and  regulations 
aforesaid. 

Act  April  20,  1910,  c.  191,  s.  4.  36  Stat.  332. 

Duty  of  district  attorneys  to  prosecute  for  violations  of  act. 

Sec.  5.  That  it  shall  be  the  duty  of  each  district  attorney  to  whom 
the  Secretary  of  Agriculture  shall  report  any  violation  of  this  Act,  or 
to  whom  any  director  of  experiment  station  or  agent  of  any  State, 
Territory,  or  the  District  of  Columbia,  under  authority  of  the  Secre- 
tary of  Agi'iculture,  shall  present  satisfactory  evidences  of  any  such 
violation,  to  cause  appropriate  proceedings  to  be  commenced  and 
prosecuted  in  the  proper  courts  of  the  United  States,  without  delay, 
for  the  enforcement  of  the  penalties  as  in  such  case  herein  provided- 
Act  April  26,  1910,  c.  191.  s.  5,  36  Stat.  332. 

Definition  of  terms  "  insecticide,"  "  Paris  grreen,"  "  lead  arsenate,"  and  "  fungi- 
cide," as  used  in  act. 

Sec.  6.  That  the  term  "  insecticide  "  as  used  in  this  Act  shall  in- 
clude any  substance  or  mixture  of  substances  intended  to  be  used  for 
preventing,  destroying,  repelling,  or  mitigating  any  insects  which 
may  infest  vegetation,  man  or  other  animals,  or  households,  or  be 
present  in  any  environment  whatsoever.  The  term  "  Paris  green  " 
as  used  in  this  Act  shall  include  the  product  sold  in  commerce  aa 
Paris  green  and  chemically  known  as  the  aceto-arsenite  of  copper. 
The  term  "  lead  arsenate  "  as  used  in  this  Act  shall  include  the  prod- 
uct or  products  sold  in  commerce  as  lead  arsenate  and  consisting 
chemically  of  products  derived  from  arsenic  acid  (HgAsO^)  by  re- 
placing one  or  more  hydrogen  atoms  by  lead.  That  the  term  "  fungi- 
cide "  as  used  in  this  Act  shall  include  any  substance  or  mixture  of 
substances  intended  to  be  used  for  preventing,  destroying,  repelling, 
or  mitigating  any  and  all  fungi  that  may  infest  vegetation  or  be 
present  in  any  environment  whatsoever. 

Act  April  26,  1910,  c.  191.  s.  6,  36  Stat.  332. 
Articles  deemed  adulterated. 

Sec.  7.  That  for  the  purpose  of  this  Act  an  article  shall  be  deemed 
to  be  adulterated — 

Paris  green. 

In  the  case  of  Paris  gi'een :  First,  if  it  does  not  contain  at  least 
fifty  per  centum  of  arsenious  oxide ;  second,  if  it  contains  arsenic  in 


260         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

water-solublo  forms  equivalent  to  more  than  three  and  one-half  per 
eentnm  of  nrsonious  oxide;  third,  if  any  substance  has  been  mixed 
nnd  packed  \\\th  it  so  as  to  reduce  or  lower  or  injuriously  affect  it-^ 
quality  or  stren<Tth. 

Lead  arsenate. 

In  the  case  of  lead  arsenate:  First,  if  it  contains  more  than  fifty 
per  centum  of  water;  second,  if  it  contains  total  arsenic  equivalent 
to  less  than  twelve  and  one-half  per  centum  of  arsenic  oxid  (ASoOJ  ; 
third,  if  it  contains  arsenic  in  water-soluble  forms  equivalent  to  more 
than  seventy-five  one-hundredths  per  centum  of  ai'senic  oxid  ( AS2O5)  ; 
fourth,  if  any  substances  have  been  mixed  and  packed  Avith  it  so  as  to 
reduce,  lower,  or  injuriously  affect  its  quality  or  strength:  Pi'ovided^ 
/unvcver,  'J'hat  extra  water  may  be  added  to  lead  arsenate  (as  de- 
scribed in  this  paragraph)  if  the  resulting  mixture  is  labeled  lead 
arsenate  and  Avater,  the  percentage  of  extra  water  being  plainly  and 
correctly  stated  on  the  label. 

Other  insecticides  or  fungicides. 

In  the  case  of  insecticides  or  fungicides,  other  than  Paris  green  and 
lead  arsenate:  First,  if  its  strength  or  purity  fall  below  the  professed 
standard  or  quality  under  which  it  is  sold;  second,  if  any  substance 
has  been  substituted  wholly  or  in  part  for  the  article ;  third,  if  any 
valuable  constituent  of  the  article  has  been  wholly  or  in  part  ab- 
stracted; fourth,  if  it  is  intended  for  use  on  vegetation  and  shall  con- 
tain any  substance  or  substances  which,  although  preventing,  de- 
stroying, repelling,  or  mitigating  insects,  shall  l)e  injurious  to  such 
vegetation  when  used. 

Act  April  2G,  1910,  c.  191,  s.  7,  36  Stat.  332. 

Definition  of  term  "  misbranded  "  as  used  in  act.  * 

Sec,  8.  That  the  term  ''misbranded"  as  used  berein  shall  apply 
to  all  in.sect icicles,  Paris  greens,  lead  arsenates,  or  fungicides,  or  arti- 
cles which  enter  into  the  composition  of  insecticides  or  fungicides, 
the  package  or  label  of  which  shall  bear  any  statement,  design,  or 
device  regarding  such  article  or  the  ingredients  or  substances  con- 
tained therein  which  shiill  be  falM'  or  misleading  in  any  particular, 
and  to  all  insecticides,  Paris  greens,  lead  arsenates,  or  fungicides 
which  are  falsely  branded  as  to  the  State,  Territory,  or  country  in 
which  they  are  manufactured  or  ])i'oduced. 

That  for  the  ])ur|)ose  of  this  Act  an  article  shall  be  deemed  to  be 
nii.sbranded — 

Insecticides,  Paris  greens,  lead  arsenates,  and  fungicides. 

In  the  ca.se  of  insecticides,  Paris  greens,  lead  arsenates,  and  fungi- 
cides: F'irst,  if  it  be  an  imitation  or  offered  for  sale  under  the  name 
of  another  article;  second,  if  it  be  labeled  or  branded  so  as  to  deceive 
or  mi.slead  the  purchaser,  or  if  the  contents  of  the  package  as  origi- 
nally put  up  shall  have  been  removed  in  whole  or  in  part  and  other 
contents  .shall  have  been  placed  in  such  package:  third,  if  in  package 
form,  and  the  contents  are  stated   in  terms  of  weight  or  measure. 


INSECTICIDE   ACT   OF    I'JlO.  261 

they   are   not    plainly   and   correctly   stated   on   the   outside  of  the 
package. 

Insecticides  (other  than  Paris  greens  and  lead  arsenates)  and  fungicides. 

In  the  case  of  insecticides  (other  than  Paris  greens  and  lead  arse- 
nates) and  fungicides:  First,  if  it  contains  arsenic  in  any  of  its  com- 
binations or  in  the  elemental  form  and  the  total  amount  of  arsenic 
present  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated 
on  the  label;  second,  if  it  contains  arsenic  in  any  of  its  combinations 
or  in  the  elemental  form  and  the  amount  of  arsenic  in  water-soluble 
forms  (expressed  as  per  centum  of  metallic  arsenic)  is  not  stated  on 
the  label;  third,  if  it  consists  partiall}'  or  completely  of  an  inert  sub- 
stance or  substances  which  do  not  prevent,  destroy,  repel,  or  mitigate 
insects  or  fungi  and  does  not  have  the  names  and  percentage  amounts 
of  each  and  every  one  of  such  inert  ingredients  plainlj^  and  correctly 
stated  on  the  label:  Provided,  however^  That  in  lieu  of  naming  and 
stating  the  percentage  amount  of  each  and  every  inert  ingredient  the 
producer  may  at  his  discretion  state  plainly  upon  the  label  the  cor- 
rect names  and  percentage  amounts  of  each  and  every  ingredient  of 
the  insecticide  or  fungicide  having  insecticidal  or  fungicidal  proper- 
ties, and  make  no  mention  of  the  inert  ingredients,  except  in  so  far 
as  to  state  the  total  percentage  of  inert  ingredients  present. 

Act  April  26,  1910.  c.  191,  s.  8.  36  Stat.  333. 

Guaranty  signed  by  wholesaler,  jobber,  manufacturer,  etc.,  as  protection  to 
dealer  from  prosecution  under  provisions  of  act. 

Sec.  9.  That  no  dealer  shall  be  prosecuted  under  the  provisions  of 
this  Act  when  he  can  establish  a  guaranty  signed  by  the  Avholesaler, 
jobber,  manufacturer,  or  other  party  residing  in  the  United  States, 
from  whom  he  purchased  such  articles,  to  the  effect  that  the  same 
is  not  adulterated  or  misbranded  within  the  meaning  of  this  Act, 
designating  it.  Said  guaranty,  to  afford  protection,  shall  contain 
the  name  and  address  of  the  party  or  parties  making  the  sale  of  such 
articles  to  such  dealer,  and  in  such  case  said  party  or  parties  shall  be 
amenable  to  the  prosecutions,  fines,  and  other  penalties  which  would 
attach  in  due  course  to  the  dealer  under  the  provisions  of  this  Act. 

Act  April  26,  1910,  c.  191,  s.  9,  36  Stat.  334. 

Seizure  of  articles  adulterated  or  misbranded  within  act,  in  interstate  or  foreign 
commerce,  etc.,  for  condemnation;  disposition  of  articles  condemned  and  of 
proceeds  thereof;  delivery  to  owner  on  bond,  etc.;  proceedings  for  seizure 
and  condemnation. 

Sec.  10.  That  any  insecticide.  Paris  green,  lead  arsenate,  or  fungi- 
cide that  is  adulterated  or  misbranded  within  the  meaning  of  this 
Act  and  is  being  transported  from  one  State,  Territory,  or  District, 
to  another  for  sale,  or,  having  been  transported,  remains  unloaded, 
unsold,  or  in  original  unbroken  packages,  or  if  it  be  sold  or  offered  for 
sale  in  the  District  of  Columbia  or  any  Territory  of  the  United 
States,  or  if  it  be  imported  from  a  foreign  country  for  sale,  shall  be 
liable  to  be  proceeded  against  in  any  district  court  of  the  United 
States  within  the  district  wherein  the  same  is  found  and  seized  for 
confiscation  by  a  process  of  libel  for  condemnation. 


262         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

And  if  such  article  is  condemned  as  being  adulterated  or  mis- 
branded,  \vithin  the  meaning  of  this  Act,  the  same  shall  be  disposed 
of  by  destruction  or  sale  as  the  said  court  may  direct,  and  the  pro- 
ceeds thereof,  if  sold,  less  the  legal  costs  and  charges,  shall  be  paid 
into  the  Treasury  r/i  the  United  States,  but  such  goods  shall  not  be 
sold  in  any  jurisdiction  contrary  to  the  provisions  of  this  Act  or  the 
laws  of  that  jurisdiction :  Provided^  hov^ever^  That  upon  the  payment 
of  the  costs  of  such  libel  proceedings  and  the  execution  and  delivery 
of  a  good  and  sufficient  bond  to  the  effect  that  such  articles  shall  not 
be  sold  or  otherwise  disposed  of  contrary  to  the  provisions  of  this 
Act  or  the  laws  of  any  State,  Territory,  or  District,  the  court  may  by 
order  direct  that  such  articles  be  delivered  to  the  owner  thereof. 
The  proceedings  of  such  libel  cases  shall  conform,  as  near  as  may  be, 
to  the  proceedings  in  admiralty,  except  that  either  party  may  de- 
mand trial  by  jury  of  any  issue  of  fact  joined  in  any  such  case,  and  all 
such  proceedings  shall  be  at  the  suit  of  and  in  the  name  of  the  United 
States. 

Act  April  26,  1910.  c.  191,  s.  10,  36  Stat.  334. 

Examination  of  samples  of  insecticides,  etc.,  and  fungicides  imported,  etc.,  on 
notice  to  owner  or  consignee;  refusal  of  admission  and  delivery  to  con- 
signee of  articles  adulterated  or  misbranded,  or  dangerous  to  health,  or 
forbidden  entry  or  sale  or  restricted  in  sale  in  the  country  where  made, 
etc.;  delivery  of  goods  to  consignee  pending  examination  and  decision  on 
bond,  etc.;  charges  for  storage,  etc.,  on  goods  refused  admission,  and  lien 
therefor  against  subsequent  importation. 

Sec.  11.  That  the  Secretary  of  the  Treasury  shall  deliver  to  the 
Secretary  of  Agriculture,  upon  his  request,  from  time  to  time,  samples 
of  insecticides,  Paris  greens,  lead  areenates,  and  fungicides  which  are 
being  imported  into  the  United  States  or  offered  for  import,  giving 
notice  thereof  to  the  owner  or  consignee,  who  may  appear  before  the 
'Secretary  of  Agriculture  and  have  the  right  to  introduce  testimony; 
and  if  it  appear  from  the  examination  of  such  samples  that  any 
insecticide,  or  Paris  green,  or  lead  arsenate,  or  fungicide  offered  to 
be  imported  into  the  United  States  is  adulterated  or  misbranded 
within  the  meaning  of  this  Act.  or  is  otherwise  dangerous  to  the 
health  of  the  people  of  the  United  States,  or  is  of  a  kind  forbidden 
entry  into  or  forbidden  to  be  sold  or  restricted  in  sale  in  the  countr}' 
in  which  it  is  made  or  from  which  it  is  exported,  or  is  otherwise  falsely 
labeled  in  any  respect,  the  said  article  shall  be  refused  admission,  and 
the  Secretary  of  the  Treasury  shall  refuse  delivery  to  the  consignee 
and  shall  cause  the  destruction  or  [of]  any  goods  refused  deliv- 
ery which  shall  not  Ik^  exported  by  the  consignee  within  three  months 
from  the  date  of  notice  of  such  refu.sal  under  such  regulations  as  the 
Secretaiy  of  the  Treasury  may  prescribe:  Provided^  That  tlie  Secre- 
taiy  of  the  Treasury  may  deliver  to  the  consignee  such  goods  pending 
examination  and  decision  in  the  matter  on  execution  of  a  penal  bond 
for  tiie  amount  of  tiio  full  invoice  value  of  such  goods,  together  with 
tlx'  duty  thereon,  and  on  refusal  to  return  such  goods  for  any  cause 
to  the  custody  of  the  Secretary  of  the  Treasuiy,  when  demanded,  for 
tlie  piirpo.se  of  excluding  them  from  the  country,  or  for  any  other 
purjjose,  said  consignee  shall  forfeit  the  full  amount  of  the  bond: 
And  provided  finther.  That  all   ehaiges  for  .storage,  cartage,  and 


INSECTICIDE  ACT  OF  1910.  263 

labor  on  n:oods  which  are  refused  admission  or  delivery  shall  be  paid 
by  the  owner  or  consicrnee,  and  in  default  of  such  payment  shall  con- 
stitute a  lien  against  any  future  importation  made  by  such  owner 
or  consignee. 

Act  April  26.  1910.  c.  191,  s.  11,  36  Stat.  334. 

Term  "  Territory  "  in  act  to  include  Alaska  and  insular  possessions;  construction 
of  word  "person"  as  used  in  act;  liability  of  corporations,  etc.,  for  acts, 
omissions,  etc.,  of  officers,  agents,  employees,  etc. 

Sec.  12.  That  the  term  "Territory,"  as  used  in  this  Act,  shall 
include  the  District  of  Alaska  and  the  insular  possessions  of  the 
United  States.  The  word  "  person,"  as  used  in  this  Act,  shall  be  con- 
strued to  import  both  the  plural  and  the  singular,  as  the  case  de- 
mands, and  shall  include  corporations,  companies,  societies,  and 
associations.  "When  construing  and  enforcing  the  provisions  of  this 
Act,  the  act,  omission,  or  failure  of  any  officer,  agent,  or  other  person 
acting  for  or  employed  b}^  any  corporation,  company,  society,  or 
association,  within  the  scope  of  his  employment  or  office,  shall  in 
every  case  be  also  deemed  to  be  the  act.  omission,  or  failure  of  such 
corporation,  company,  society,  or  association,  as  well  as  that  of  the 
other  person. 

Act  April  26,  1910,  c  191,  s.  12,  36  Stat.  335. 
Title  of  act. 

Sec.  13.  That  this  Act  shall  be  known  and  referred  to  as  "  The 
insecticide  Act  of  1910." 

Act  April  26.  1910,  c.  191,  s.  13,  36  Stat.  335. 

Time  of  taking  effect  of  act. 

Sec.  14.  That  this  Act  .shall  be  in  force  and  effect  from  and  after 
the  first  day  of  January,  nineteen  hundred  and  eleven. 

Act  April  26,  1910,  c.  191,  s.  14,  36  Stat.  335. 

Appropriations  for  carrying  into  effect  the  provisions  of  tills  act  are 
made  in  tlie  agricultnral  appropriation  act  for  the  fi.scal  year  1913  and  the 
preceding  fiscal  year.  The  provision  of  the  act  for  the  fiscal  year  1913  is 
set  forth  below. 

ACT  AUGUST  10,  1912,  c.  284.      (37  Stat.  269.) 

Enforcement  of  the  insecticide  Act:  To  enable  the  Secretary 
of  Agriculture  to  carry  into  effect  the  provisions  of  the  Act  of  April 
twenty-sixth,  nineteen  hundred  and  ten,  entitled  "An  Act  for  pre- 
venting the  manufacture,  sale,  or  transportation  of  adulterated  or 
misbranded  Paris  greens,  lead  arsenates,  and  other  insecticides,  and 
also  fungicides,  and  for  regulating  traffic  therein,  and  for  other  pur- 
poses," in  the  city  of  Washington  and  elsewhere,  including  chemical 
apparatus,  chemicals,  and  supplies,  repairs  to  apparatus,  gas,  electric 
current,  official  traveling  expenses,  telegraph  and  telephone  service, 
express  and  freight  charges,  and  all  other  expenses,  emplojnng  such 
assistants,  clerks,  and  other  persons  as  may  be  considered  necessary 
for  the  purposes  named,  eighty-seven  thousand  dollars. 

Act  August  10.  1912,  c.  284,  37  Stat.  300. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1913,  cited  above,  under  the  heading  "  Miscellaneous."  A  similar 
provision  was  contained  in  tlie  similar  act  for  the  fiscal  year  1912. 


264         LAWS   APPLICABLE   TO    DEPARTMENT   OF   AGRICULTURE. 

PLANT  QUARANTINE  ACT  OF  AUGUST  20,   1912, 

ACT  AUGUST  20,  1912,  c.  308.  Au  act  to  regulate  the  iuiportation  of  nursery 
stock  iuid  other  i)l;ints  and  plant  products;  to  enable  the  Secretary  of 
Agriculture  to  establish  and  maintain  quarantine  districts  for  plant  dis- 
eases and  insect  pests;  to  i>ernjit  and  regulate  the  movement  of  fruits, 
plants  and  vegetables  therefrom,  and  for  other  purposes.     (37  Stat.  315.) 

Importation,  etc.,  of  niirsery  stock  without  a  permit  and  a  certificate  of  inspec- 
tion, unlawful;  permit  issued  on  compliance  with  regulations  under  act; 
importation  of  nursery  stock  by  Department  of  Agriculture  for  experi- 
mental or  scientific  purposes;  importations  from  countries  having  no 
inspection. 

That  it  shall  be  unlawful  for  any  person  to  import  or  oifer  for 
entry  into  the  United  States  any  nursery  stock  unless  and  until  a 
permit  shall  havo  been  issued  therefor  Ijy  the  Secretary  of  Agri- 
culture, under  such  conditions  and  regulations  as  the  said  Secretary 
of  Agriculture  may  prescribe,  and  unless  such  nursery  stock  shall 
be  accompanied  by  a  certificate  of  inspection,  in  manner  and  form 
as  required  by  the  Secretary  of  Agriculture,  of  the  proper  official 
of  the  country  from  which  the  importation  is  made,  to  the  eifect 
that  the  stock  has  been  thoroughly  inspected  and  is  believed  to  be 
free  from  injurious  plant  disea.ses  and  in.sect  pests:  Provided^  That 
the  Secretary  of  Agriculture  shall  i.ssue  the  permit  for  any  particu- 
lar importation  of  nur.sery  stock  when  the  conditions  and  regulations 
as  prescribed  in  this  Act  shall  have  been  complied  with :  Provided 
further^  That  nursery  .stock  may  be  imported  for  experimental  or 
scientific  purjioses  by  the  Dei)artment  of  Agriculture  upon  such 
conditions  and  under  such  regulations  as  the  said  Secretary  of  Agri- 
culture may  prescribe:  And  provided  further^  That  nursery  stock 
imported  from  countries  where  no  official  system  of  inspection  for 
such  stock  is  maintained  may  be  admitted  upon  such  conditions  and 
under  such  regulations  as  the  Secretary  of  Agriculture  may  prescribe. 

Act  August  20.  1912.  c.  308.  s.  1,  37  Stat.  315. 

Notification  of  Secretary  of  Agriculture  and  proper  State,  etc.,  officials  of  arrival 
of  imported  nursery  stock  at  port  of  entity:  interstate  shipment  of  im- 
ported nursery  stock  without  such  notification,  or  without  inspection, 
forbidden. 

Sec.  '2.  'I'hat  it  .shall  be  the  duty  of  the  Secretary  of  the  Treasury 
promptly  to  notify  the  Secretary  of  Agriculture  of  the  arrival  of  any 
nurser}'  slock  at  j)oi"t  of  entry:  that  the  person  receiving  such  stock 
at  port  of  entry  shall,  innuediately  upon  entry  and  before  such  stock 
is  delivered  for  shij)ment  or  removed  from  the  port  of  entry,  advise 
the  Seci-etary  of  Agi'iculture  or.  at  his  direction,  the  proper  State, 
Territorial,  or  District  official  of  the  State  or  Territory  or  the  Dis- 
trict to  which  such  nursery  stock  is  destined,  or  both,  as  the  Secretary 
of  Agriculture  may  elect,  of  the  name  and  address  of  the  consignee, 
the  nature  and  (piantity  of  the  stock  it  is  projxxsed  to  ship,  and  the 
country  and  locality  where  the  same  was  grown.  That  no  person 
shall  ship  or  olVer  for  .shipment  from  (me  State  or  Territory  or  Dis- 
trict of  till'  United  States  into  any  other  Stale  or  Ton-itory  or  Dis- 
tict.  any  nur.sery  stock  imported  into  the  United  States  without 
notifying  the  Secretary  or  Agriculture  or,  at  his  direction,  the 
proper  State,  Territorial,  or  District  official  of  the  State  or  Territory 
or  District  to  which  such  nursery  stock  is  destined,  or  both,  as  the 
Secretary  of  Agriculture  may  elect,  immediately  upon  the  delivery 


PLANT   QUARANTINE   ACT   OF   AUGUST  20,   1912.  265 

of  the  said  stock  for  shipment,  of  the  name  and  address  of  the  con- 
signee, of  the  nature  and  quantity  of  stock  it  is  proposed  to  ship, 
and  the  country  and  locality  where  the  same  was  grown,  unless  and 
until  such  imported  stock  has  been  inspected  by  the  proper  official  of 
a  State,  Territory,  or  District  of  the  United  States. 

Act  August  20,  1912,  c.  308.  s.  2,  37  Stat.  31G. 

Importation,  etc.,  of  nursery  stock  unless  case,  box,  etc.,  thereof  be  marked  as 
to  nature  and  quantity  of  contents,  country,  etc.,  where  grown,  name  and 
address  of  shipper,  etc.,  and  of  consignee,  forbidden. 

Sec.  3.  That  no  person  shall  import  or  offer  for  entry  into  the 
United  States  any  nursery  stock  unless  the  case,  box,  package,  crate, 
bale,  or  bundle  thereof  shall  be  plainly  and  correctly  marked  to  show 
the  general  nature  and  quantity  of  the  contents,  the  country  and 
locality  where  the  same  was  grown,  the  name  and  address  of  the 
shipper,  owner,  or  person  shipping  or  forwarding  the  same,  and  the 
name  and  address  of  the  consignee. 

Act  August  20.  1912,  c.  30S.  s.  3,  37  Stat.  316. 

Interstate  shipment,  etc.,  of  imported  nursery  stopk,  the  case,  box,  etc.,  whereof 
is  not  marked  as  required  by  section  3,  forbidden,  unless  such  nursery 
stock  has  been  inspected. 

Sec.  4.  That  no  person  shall  ship  or  deliver  for  shipment  from  one 
State  or  Territory  or  District  of  the  United  States  into  any  other 
State  or  Territory  or  District  any  such  imported  nursery  stock  the 
case,  box,  package,  crate,  bale,  or  bundle  whereof  is  not  plainly 
marked  so  as  to  show  the  general  nature  and  quantity  of  the  contents, 
the  name  and  address  of  the  consignee,  and  the  country  and  locality 
where  such  stock  was  grown,  unless  and  until  such  imported  stock 
has  been  inspected  by  the  proper  official  of  a  State,  Territory,  or 
District  of  the  United  States. 

Act  August  20,  1912,  c.  308,  s.  4,  37  Stat.  316. 

Determination,  and  promulgation  thereof,  that  imrestricted  importation  of 
plants,  etc.,  and  plant  products,  other  than  nursery  stock,  may  result  in 
introduction  of  injurious  plant  diseases  or  insect  pests;  importation  of 
such  plants  and  plant  products,  after  such  promulgation,  subject  to  provi- 
sions of  sections  1-4  of  act;   public  hearings  before  such  promulgation. 

Sec.  5.  That  whenever  the  Secretary  of  xVgriculture  shall  deter- 
mine that  the  unrestricted  importation  of  any  plants,  fruits,  vegeta- 
bles, roots,  bulbs,  seeds,  or  other  plant  products  not  included  by  the 
term  *'  nursery  stock  "  as  defined  in  section  six  of  this  Act  may  result 
in  the  entry  into  the  United  States  or  any  of  its  Territories  or  Dis- 
tricts of  injurious  plant  diseases  or  insect  pests,  he  shall  promulgate 
his  determination,  specifying  the  class  of  plants  and  plant  products 
the  importation  of  which  shall  be  restricted  and  the  country  and 
locality  where  they  are  grown,  and  thereafter,  and  until  such  pro- 
mulgation is  withdrawn,  such  plants  and  plant  products  imported  or 
offered  for  import  into  the  United  States  or  any  of  its  Territories 
or  Districts  shall  be  subject  to  all  the  provisions  of  the  foregoing 
sections  of  this  Act :  Provided^  That  before  the  Secretary  of  Agri- 
culture shall  promulgate  his  determination  that  the  unrestricted  im- 
portation of  any  plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or 
other  plant  products  not  included  by  the  tenn  "  nursery  stock  "  as 
defined  in  .section  .six  of  this  Act  may  result  in  the  entry  into  the 


266         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUBE. 

United  States  or  any  of  its  Territories  or  Districts  of  injurious  plant 
diseases  or  insect  pests  he  shall,  after  due  notice,  give  a  public  hear- 
ing, under  such  rules  and  regulations  as  he  shall  prescribe,  at  wliich 
hearing  any  interested  party  may  appear  and  be  heard,  either  in 
person  or  by  attorney. 

Act  August  20,  1912.  c.  308,  s.  5,  37  Stat.  316. 

Definition  of  term  "  nursery  stock  "  as  used  in  act. 

Sec.  G.  That  for  the  purpose  of  this  act  the  term  "  nursery  stock  " 
shall  include  all  field-grown  florists'  stock,  trees,  shrubs,  vines,  cut- 
tings, grafts,  scions,  buds,  fruit  pits  and  other  seeds  of  fruit  and 
ornamental  trees  or  shrubs,  and  other  plants  and  plant  products  for 
propagation,  except  field,  vegetable,  and  flower  seeds,  bedding  plants, 
and  other  herbaceous  plants,  bulbs,  and  roots. 

Act  August  20,  1912,  c.  308,  s.  6.  37  Stat.  317. 

Determination,  and  promulgation  thereof,  of  necessity  of  forbidding  importation 
of  nursery  stock,  other  than  plants,  etc.,  and  plant  products,  in  order  to 
prevent  introduction  of  plant,  etc.,  diseases  or  injurious  insects  new  to  or 
not  widely  prevalent  in  United  States;  importation  of  such  nursery  stock 
and  other  plants,  etc.,  and  plant  products,  after  such  promulgation,  pro- 
hibited notwithstanding  certificates  of  inspection  and  regardless  of  use  for 
which  same  is  intended;  public  hearings  before  such  promulgation. 

Sec.  7.  That  whenever,  in  order  to  prevent  the  introduction  into 
the  United  States  of  any  tree,  plant,  or  fruit  disease  or  of  any  injurious 
insect,  new  to  or  not  theretofore  widely  prevalent  or  distributed 
within  and  throughout  the  United  States,  the  Secretary  of  Agricul- 
ture shall  determine  that  it  is  necessary  to  forbid  the  importation  into 
the  United  States  of  any  class  of  nursery  stock  or  of  any  other  class  of 
plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or  other  plant  products 
from  a  country  or  locality  where  such  disease  or  insect  infestation 
exists,  he  shall  promulgate  such  determination,  specifying  the  country 
and  locality  and  the  class  of  nursery  stock  or  other  class  of  plants, 
fruit.s,  vegetables,  roots,  bulbs,  seeds,  or  other  plant  products  which, 
in  his  opinion,  should  be  excluded.  Following  the  promulgation  of 
Huch  determination  by  the  Secretary  of  Agriculture,  and  until  the 
withdrawal  of  the  said  promulgation  by  him,  the  importation  of  the 
class  of  nursery  stock  or  of  other  cla.ss  of  plants,  fruits,  vegetables, 
roots,  bulbs,  seeds,  or  other  plant  products  specified  in  the  said  pro- 
mulgation from  the  country  and  locality  therein  named,  regardless 
of  the  use  for  which  the  same  is  intended,  is  hereby  prohibited ;  and 
until  the  withdrawal  of  the  said  promulgation  by  the  Secretary  of 
Agriculture,  and  notwithstanding  that  sucli  class  of  nursery  stock,  or 
other  cla.'v^  of  plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or  other 
plant  })roducts  be  accompanied  by  a  certificate  of  inspection  from 
the  country  of  importation,  no  person  shall  import  or  oner  for  entry 
into  the  United  States  from  any  country  or  locality  specified  in  such 
promulgation,  any  of  the  class  of  nursery  stock  or  or  other  class  of 
plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or  other  plant  products 
named  therein,  regardless  of  the  use  for  which  the  same  is  intended: 
Provided^  That  before  the  Secretary  of  Agriculture  shall  jn'omulgate 
his  determination  that  it  is  necessary  to  forbid  the  importation  into 
the  United  State,s  of  the  articles  named  in  this  section  he  shall,  after 
due  notice  to  interested  parties,  give  a  public  hearing,  under  such 
rules  and  regulations  as  he  shall  prescribe,  at  which  hearing  any 


PLANT   QUAJIANTINE   ACT   OF  AUGUST  20,   1912.  267 

interested  party  may  appear  and  be  heard,  either  in  person  or  by 
attorney:  Provided  further,  That  the  quarantine  provisions  of  this 
section,  as  applying  to  the  white-pine  blister  rust,  potato  wart,  and 
the  Mediterranean  fruit  fly,  shall  become  and  be  effective  upon  the 
passage  of  this  Act. 

Act  August  20.  1912,  c.  308,  8.  7,  87  Stat.  317. 

Quarantine  of  State  or  Territory,  etc.,  or  portion  thereof,  where  dangerous  plant 
disease  or  Insect  infestation  exists;  notice  of  quarantine;  shipment,  etc., 
transportation,  etc.,  of  nursery  stock  and  other  plants,  etc.,  and  plant 
products,  from  quarantined  State  or  Territory,  etc.,  or  portion  thereof,  for- 
bidden, except  as  otherwise  provided;  moving,  etc.,  nursery  stock  or  other 
plants,  etc.,  or  plant  products  specified  in  notice  of  quarantine,  in  manner, 
etc.,  other  than  prescribed,  unlawful;  regulations  for  inspection,  disinfec- 
tion, certification,  and  method,  etc.,  of  shipment,  etc.,  of  nursery  stock  and 
other  plants,  etc.,  and  plant  products,  specified  in  notice  of  quarantine; 
notice  of  such  regulation;  public  hearings  before  promulgation  of  regula- 
tions. 

Sec.  8.  That  the  Secretary  of  Agriculture  is  authorized  and  directed 
to  quarantine  any  State,  Territory,  or  District  of  the  United  States, 
or  any  portion  thereof,  when  he  shall  determine  the  fact  that  a  dan- 
gerous plant  disease  or  insect  infestation,  new  to  or  not  theretofore 
widely  prevalent  or  distributed  within  and  throughout  the  United 
States,  exists  in  such  State  or  Territory  or  District ;  and  the  Secretary 
of  Agriculture  is  directed  to  give  notice  of  the  establishment  of  such 
quarantine  to  common  carriers  doing  business  in  or  through  such 
q^uarantined  area,  and  shall  publish  in  such  newspapers  in  the  quaran- 
tined area  as  he  shall  select  notice  of  the  establishment  of  quarantine. 
That  no  person  shall  ship  or  offer  for  shipment  to  any  common  carrier, 
nor  shall  any  common  carrier  receive  for  transportation  or  transport, 
nor  shall  any  person  carry  or  transport  from  any  quarantined  State 
or  Territory  or  District  of  the  United  States,  or  from  any  quarantined 
portion  thereof,  into  or  through  any  other  State  or  Territory  or  Dis- 
trict, any  class  of  nursery  stock  or  any  other  class  of  plants,  fruits, 
vegetables,  roots,  bulbs,  seeds,  or  other  plant  products  specified  in 
the  notice  of  quarantine  except  as  hereinafter  provided.  That  it 
shall  be  unlawful  to  move,  or  allow  to  be  moved,  any  class  of  nursery 
stock  or  any  other  class  of  plants,  fruits,  vegetables,  roots,  bulbs, 
seeds,  or  other  plant  products  specified  in  the  notice  of  quarantine 
hereinbefore  provided,  and  regardless  of  the  use  for  which  the  same 
is  intended,  from  any  quarantined  State  or  Territory  or  District  of 
the  United  States,  or  quarantined  portion  thereof,  into  or  through 
any  other  State  or  Territory  or  District,  in  manner  or  method  or  under 
conditions  other  than  those  prescribed  by  the  Secretary  of  Agricul- 
ture. That  it  shall  be  the  dutv  of  the  Secretarv  of  Agriculture  to 
make  and  promulgate  rules  and  regulations  which  shall  permit  and 
govern  the  inspection,  disinfection,  certification,  and  method  and 
manner  of  delivery  and  shipment  of  the  class  of  nursery  stock  or  of 
any  other  class  of  plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or 
other  plant  products  specified  in  the  notice  of  quarantine  hereinbefore 
provided,  and  regardless  of  the  use  for  which  the  sMme  is  intended, 
from  a  quarantined  State  or  Territory  or  District  of  the  United 
States,  or  quarantined  portion  thereof,  into  or  through  any  other  State 
or  Territory  or  District;  and  the  Secretary  of  Agriculture  shall  give 
notice  of  such  niles  and  regulations  as  hereinbefore  provided  in  this 
section  for  the  notice  of  the  establislmient  of  quarantine:  Provided, 


268         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

That  before  tlie  Secretary  of  Ao^culture  shall  promulgate  his  deter-  , 
mination  that  it  is  necessary  to  quarantine  any  State,  Territory,  or 
District  of  the  United  States,  or  portion  thereof,  under  the  authority 
given  in  this  section,  he  shall,  alter  due  notice  to  interested  parties, 
give  a  public  hearing  under  such  rules  and  regulations  as  he  shall 
prescribe,  at  which  hearing  any  interested  part}'  may  appear  and  be 
heard,  either  in  person  or  by  attorney. 

Act  August  20,  1912,  c.  308,  s.  8,  37  Stat.  318. 
Begnlations  for  carrying  out  purposes  of  act. 

Sec.  0.  That  the  Secretary  of  Agriculture  shall  make  and  promul- 
gate such  rules  and  regulations  as  may  be  necessary  for  carrying  out 
the  purposes  of  this  Act. 

Act  August  20,  1912.  c.  308,  s.  9,  37  Stat.  .318. 

Violations  of  provisions  of  act,  or  the  forging,  etc.,  of  certificates  provided  for 
in  act,  a  misdemeanor;  punishment;  common  carrier  not  to  be  deemed  to 
have  violated  act  on  proof  it  did  not  knowingly  transport  nursery  stock  or 
other  plants  or  plant  products;  duty  of  district  attorneys  to  prosecute  for 
violations  of  act. 

Sec.  10.  That  any  person  who  shall  violate  any  of  the  provisions  of 
this  Act,  or  who  shall  forge,  counterfeit,  alter,  deface,  or  destroy  any 
certificate  provided  for  in  this  Act  or  in  the  regulations  of  the  Secre- 
tary of  Agriculture,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall,  upon  conviction  thereof,  be  punished  by  a  line  not  exceeding 
five  hundred  dollars  or  by  imprisonment  not  exceeding  one  year,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court:' 
Provided.  That  no  common  carrier  shall  be  deemed  to  have  violated 
the  provisions  of  any  of  the  foregoing  sections  of  this  Act  on  proof 
that  such  carrier  did  not  knowingly  receive  for  transportation  or 
transport  nursery  stock  or  other  plants  or  plant  products  as  such 
from  one  State,  Territory,  or  District  of  the  United  States  into  or 
through  any  other  State,  Territory,  or  District;  and  it  shall  be  the 
duty  of  the  United  States  attorneys  diligently  to  prosecute  any  viola- 
tions of  this  Act  which  are  brought  to  their  attention  by  the  Secretary 
of  Agriculture  or  which  come  to  their  notice  by  other  means. 

Act  AuKUSt  20.  1012.  c.  .308.  s.  10,  .37  Stat.  318. 

Construction  of  word  "person"  as  used  in  act;  liability  of  corporations,  etc., 
for  acts,  omissions,  etc.,  of  officers,  agents,  employees,  etc. 

Sec.  11.  That  the  word  "person"  as  used  in  this  Act  shall  be 
construed  to  import  both  the  plural  and  the  singular,  as  the  case 
demands,  and  shall  include  corporations,  coiui)anies,  societies,  and 
associations.  When  construing  and  enforcing  the  provi-sions  of  this 
Act,  the  act,  oniission,  or  failure  of  any  officer,  agent,  or  other  person 
acting  for  or  employed  by  any  corporation,  company,  society,  or 
association,  within  the  scope  of  his  emplovment  or  office,  shall  in 
every  case  be  also  deemed  to  be  the  act,  omission,  or  failure  of  such 
corporation,  company,  society,  or  association  as  well  as  that  of  the 
person. 

Act  AuKu.sl  20.  1912.  c.  .308.  s.  11.  .37  Stat.  .'MO. 

Appointment  of  Federal  Horticultural  Board  for  carrying  out  provisions  of  act. 

Sec.  12.  That  for  the  purpose  of  carrying  out  tiie  provisions  of 
this  Act  there  shall  be  appointed  by  the  Secretary  of  Agriculture 
from  existing  bureaus  and  oflices  in  the  Depaitment  of  Agriculture, 


PLANT   QUARANTINE   ACT   OF   AUGUST   20,   1912.  269 

includino-  the  Bureau  of  Entomology,  the  Bureau  of  Phmt  Industry, 
and  the  Forest  Service,  a  Federal  Horticultural  Board  consisting  of 
five  nienil)ers,  of  whom  not  more  than  two  shall  be  ajipointed  from 
any  one  bureau  or  oHice,  and  who  shall  serve  without  additional 
compensation. 

Act  August  20,  1912,  c.  308.  s.  12,  37  Stat.  319. 
Appropriation  for  purposes  and  objects  of  act. 

Sec.  13.  That  there  is  hereby  appropriated,  out  of  the  moneys  in 
the  Treasury  not  otherwise  appropriated,  to  be  expended  as  the 
Secretary  of  Agriculture  may  direct,  for  the  puri)oses  and  objects  of 
this  Act,  the  sum  of  twenty-five  thousand  dollars. 

Act  August  20,  1912,  c.  308,  s.  13,  37  Stat.  319. 
Time  of  taking  effect  of  act.  . 

Sec.  14.  That  this  Act  shall  become  and  be  effective  from  and  after 
the  first  day  of  October,  nineteen  hundred  and  twelve,  except  as 
herein  otherwi.se  provided. 

Act  August  20.  1912,  c.  308,  s.  14,  37  Stat.  319. 

Provisions  prohibiting  interstate  transiX)rtatiou  ami  importation  of 
insects  injurious  to  crops,  vegetables,  fruit,  etc.,  and  trees,  except  for 
scientific  purposes  under  regulations  i)rovided  for,  and  providing  a  penalty 
for  violation  thereof,  are  contained  in  act  March  3.  1905,  c.  1501,  set  forth 
on  p.  198.  ante,  under  "  Bureau  of  Entomology." 


PROVISIONS  RELATING  TO  THE  PUBLIC 
SERVICE  IN  GENERAL. 


271 


PROVISIONS  RELATING  TO  THE  PUBLIC  SERVICE 

IN  GENERAL. 


OFFICERS,   CLERKS,   AND  EMPLOYEES. 

EEV.  ST.  SEC.  161. 
Departmental  regulations. 

Sec.  IGl.  The  head  of  eacli  Department  is  authorized  to  prescribe 
regiihitions,  not  inconsistent  with  law,  for  the  government  of  his 
Department,  the  conduct  of  its  officers  and  clerks,  the  distribution 
and  performance  of  its  business,  and  the  custody,  use,  and  preserva- 
tion of  the  records,  papers,  and  property  appertaining  to  it. 

KEV.   ST.  SEC.   173. 

Chief  clerks  to  supervise  subordinate  clerks. 

Sec.  173.  Each  chief  clerk  in  the  several  Departments,  and  Bu- 
reaus, and  other  offices  connected  with  the  Departments,  shall  super- 
vise, under  the  direction  of  his  immediate  superior,  the  duties  of 
the  other  clerks  therein,  and  see  that  they  are  faithfully  performed. 

EEV.  ST.  SEC.  174. 

Chief  clerks  to  distribute  duties  and  report  on  defects  in  business. 

Sec.  174.  Each  chief  clerk  shall  take  care,  from  time  to  time,  that 
the  duties  of  the  other  clerks  are  distributed  with  equality  and 
uniformity,  according  to  the  nature  of  the  case.  He  shall  revise  such 
distribution  from  time  to  time,  for  the  purpose  of  correcting  any 
tendency  to  undue  accumulation  or  reduction  of  duties,  whether 
arising  from  individual  negligence  or  incapacitj'',  or  from  increase 
or  diminution  of  particular  kinds  of  business.  And  he  shall  report 
monthly  to  his  superior  officer  any  existing  defect  that  he  may  be 
aware  of  in  the  arrangement  or  dispatch  of  business. 

EEV.  ST.   SEC.   175.  * 

Duty  of  superior  officer  on  receipt  of  report  of  chief  clerk. 

Sec.  175.  Each  head  of  a  Department,  chief  of  a  Bureau,  or  other 
superior  officer,  shall,  upon  receiving  each  monthly  report  of  his 
chief  clerk,  rendered  pursuant  to  the  preceding  section,  examine  the 
facts  stated  therein,  and  take  such  measures,  in  the  exercise  of  the 
powers  conferred  upon  him  by  law,  as  may  be  necessary  and  proper 
to  amend  any  existing  defects  in  the  arrangement  or  dispatch  of 
business  disclosed  by  sucn  report. 

EEV.  ST.  SEC.   176. 

Appointment  and  bonds  of  disbursing  clerks. 

Sec.  176.  The  disbursing  clerks  authorized  by  law  in  the  several 
Departments  shall  be  appointed  by  the  heads  of  the  respective  De- 

71657—13 18  273 


274         LAWS   APPLICABLE    TO   DEPABTMENT    OF   AGRICULXTJEE. 

partments,  from  clerks  of  the  fourth  class;  and  shall  each  give  a 
bond  to  the  United  States  for  the  faithful  discharge  of  the  duties 
of  his  office  according  to  law  in  such  amount  as  shall  be  directed  by 
the  Secretary  of  the  Treasury,  and  with  sureties  to  the  satisfaction 
of  the  Solicitor  of  the  Treasury ;  and  shall  from  time  to  time  renew, 
strengthen,  and  increase  his  official  bond,  as  the  Secretary  of  the 
Treasury  may  direct.  Each  disbursing  clerk,  except  the  disbursing 
clerk  of  the  Treasury  Department,  must,  when  directed  so  to  do  by 
the  head  of  the  Department,  superintend  the  building  occupied  by 
his  Department.  Each  disbursing  clerk  is  entitled  to  receive,  in  com- 
pensation for  his  services  in  disbursing,  such  sum  in  addition  to  his 
salary  as  a  clerk  of  the  fourth  class  as  shall  make  his  whole  annual 
compensation  two  thousand  dollars  a  year. 

Statements  .iiul  receipts  for  all  moneys  expended  by  disbursing  clerks 
are  required  by  Kev.  St.  sec.  193,  set  forth  on  p.  315,  post,  under  "  Esti- 
mates and  Reports," 

Inspection  of  boolis,  papers,  etc.,  of  disbursing  officers  by  accounting 
officers  of  the  Treasury  Department,  is  authorized  by  act.  February  19, 
1807,  c.  265,  s.  1,  set  forth  on  p.  339.  post,  under  "Public  Moneys  and 
Accounting." 

REV.  ST.   SEC.  3614. 

Bonds  of  special  agents  for  disbursement  of  public  moneys. 

Sec.  oG14.  Whenever  it  becomes  necessary  for  the  head  of  any 
Department  or  office  to  employ  .special  agents,  *  *  *  who  may 
be  charged  with  the  disbursement  of  public  moneys,  such  agents  shall, 
before  entering  upon  duty,  give  bond  in  such  form  and  with  such 
security  as  the  head  of  the  Department  or  office  employing  them  may 
approve. 

Provisions  for  the  examination  and  renewal  of  official  bonds,  in  act 
March  2,  1895,  c.  177,  are  set  forth  on  p.  299,  post. 

ACT  MARCH  4,  1909,  c.  299.      (35  Stat.  945.) 

Acting  disbursing  officer  in  case  of  sickness  or  unavoidable  absence  of  disburs- 
ing clerk  or  disbursing  agent  in  departments,  etc.,  at  Washington. 

Sec.  8.  In  case  of  the  sickness  or  unavoidable  ab.sence  of  any  dis- 
bursing clerk  or  disbursing  agent  of  any  executive  department,  in- 
dependent bureau,  or  office,  in  Washington,  District  of  Columbia, 
he  may,  with  the  approval  of  the  head  of  the  department,  independent 
bureau,  or  office,  in  which  said  disbursing  clerk  or  agent  is  employed, 
authorize  the  clerk  of  highest  grade  employed  therein  to  act  in  his 
place,  and  to  discharge  all  the  duties  by  law  or  regulations  of  .such 
disbursing  clerk  or  agent.  The  official  bond  given  by  the  principal 
of  the  office  shall  be  held  to  cover  and  apply  to  the  acts  of  the  person 
appointed  to  act  in  his  place  in  such  cases.  Such  actino^  officer  shall, 
moreover,  for  the  time  being,  be  subject  to  all  the  liabilities  and 
penalties  prescribed  bv  law  for  the  official  misconduct  in  like  cases, 
of  the  disbursing  clerk  or  disbursing  agent,  respectively,  for  whom 
he  acts,  and  such  acting  officer  shall  be  required  by  the  head  of  the 
department,  independent  bureau,  or  office,  to  give  bond  to  and  in 
such  sum  as  the  disbursing  clerk  or  disbursing  agent  may  require. 

Act  March  4,  1909,  c.  209.  b.  8.  35  Stat   1027. 

Tliis  section  Is  pa.'t  of  the  sundry  civil  approi»rlatiou  act  for  the  fiscal 
year  1910,  cited  above. 


OFFICERS,    OLEKKS,    AND    EMPLOYEES.  275 

REV.   ST.   SEC.   177. 

Vacancies  in  headships  of  departments;  how  temporarily  filled. 

Sec.  177.  In  case  of  the  deiith,  resignation,  absence,  or  sickness  of 
the  head  of  any  Department,  the  first  or  sole  assistant  thereof  shall, 
unless  otherwise  directed  by  the  President,  as  provided  by  section  one 
hundred  and  seventy-nine,  perforin  the  duties  of  such  head  until  * 
.successor  is  appointed,  or  such  absence  or  siclmess  shall  cease. 

Rev.  St.  sec.  179,  mentioned  in  this  section,  is  set  forth  below. 

REV.   ST.   SEC.   178. 

Vacancies  in  subordinate  offices;   how  temporarily  filled. 

Sec.  178.  In  case  of  the  death,  resignation,  absence,  or  sickness  of 
the  chief  of  any  Bureau,  or  of  any  officer  thereof,  whose  appointment 
is  not  vested  in  the  head  of  the  Department,  the  assistant  or  deputy 
of  such  chief  or  of  such  officer,  or  if  there  be  none,  then  the  chief 
clerk  of  such  Bureau,  shall,  unless  otherwise  directed  by  the  Presi- 
dent, as  provided  by  section  one  hundred  and  seventy-nine,  perform 
the  duties  of  such  chief  or  of  such  officer  until  a  successor  is  appointed 
or  such  absence  or  sickness  shall  cease. 

Rev.  St.  sec.  179,  mentioned  in  this  section,  is  set  forth  below. 

REV.  6T.   SEC.   179. 

Discretionary  authority  of  the  President  to  fill  vacancies. 

Sec.  179.  In  any  of  the  cases  mentioned  in  the  two  preceding  sec- 
tions, except  the  death,  resignation,  absence,  or  sickness  of  the 
Attorney-General,  the  President  may,  in  his  discretion,  authorize  and 
direct  the  head  of  any  other  Department  or  any  other  officer  in  either 
Department,  whose  appointment  is  vested  in  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  perform  the  duties  of 
the  vacant  office  until  a  successor  is  appointed,  or  the  sickness  or 
absence  of  the  incumbent  shall  cease. 

REV.   ST.   SEC.   180. 

Temporary  appointments  to  fill  vacancies,  limited  to  thirty  days. 

Sec.  180.  A  vacancy  occasioned  by  death  or  resignation  must  not  be 
temporarily  filled  under  the  three  preceding  sections  for  a  longer 
period  than  thirty  days. 

Rev.  St.  sec.  ISO,  as  amended  by  act  February  6,  1891,  c.  113.  26  Stat 
T33. 

EEV.  ST.  SEC.   181. 

Restriction  on  temporary  appointments  to  fill  vacancies. 

Sec.  181.  No  temporary  appointment,  designation,  or  assignment 
of  one  officer  to  perform  the  duties  of  another,  in  the  cases  covered  by 
sections  one  hundred  and  seventy-seven  and  one  hundred  and  seventy- 
eight,  shall  be  made  otherwise  than  as  provided  by  those  sections, 
except  to  fill  a  vacancy  happening  during  a  recess  of  the  Senate. 

Rev.  St.  sees.  177  and  178,  mentioned  in  this  section,  are  set  forth  above. 


276         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

EEV.  ST.  SEC.  182. 

Officers  appointed  to  temporary  vacancies  not  entitled  to  extra  compensation. 

Sec.  182.  An  officer  i^erformin^^  the  duties  of  another  office,  during 
a  vacancy,  as  authorized  by  sections  one  hundred  and  seventy-seven, 
one  hundred  and  seventy-eight,  and  one  hundred  and  seventy-nine, 
is  not  by  reason  thereof  entitled  to  any  other  compensation  than  that 
attached  to  his  proper  office. 

Rev.  St.  sees.  177,  178.  and  179,  mentioned  in  this  section,  are  set  forth 
above. 

REV.   ST.   SEC.   163. 

Classification  of  department  clerks. 

Sec.  103.  The  clerks  in  the  Departments  shall  be  arranged  in  four 
classes,  distinguished  as  the  first,  second,  third,  and  fourth  classes. 

The  salaries  of  clerks  of  the  four  classes  and  of  other  employees  in 
the  departments,  are  fixed  by  Rev.  St.  sec.  167.  set  forth  on  p.  283.  post. 

Provisions  authorizing:  the  heads  of  departments  to  alter  the  distribu- 
tion of  clcrlis  among  the  various  bureaus  and  oflices  of  their  departments, 
and  to  reduce  the  force  employed,  are  contained  in  Rev.  St.  sec.  166,  set 
forth  on  p.  279,  post. 

REV.  ST.  SEC.   164. 

Examinations  for  appointments  to  department  clerkships. 

Sec.  164.  No  clerk  shall  be  appointed  in  any  Department  in  either 
of  the  four  classes  above  designated,  until  he  has  been  examined  and 
found  qualified  by  a  board  of  three  examiners,  to  consist  of  the  chief 
of  the  Bureau  or  office  into  -svhich  such  clerk  is  to  be  appointed  and 
two  other  clerks  to  be  selected  by  the  head  of  the  Department. 

Provisions,  more  comprehensive  in  their  scope  than  those  of  this  sec- 
tion, for  examinations  for  testing  the  fitness  of  applicants  for  the  public 
service,  and  for  appointments  and  promotions  as  the  results  of  such  ex- 
aminations, are  contained  in  act  January  16,  1883,  c.  27,  set  forth  below. 

ACT  JANUARY  16.  1883,  c.  27.     An  act  to  regulate  and  Improve  the  civil  service 
of  the  United  States.     (22  Stat.  403.) 

Civil  Service  Commission;   appointment. 

That  the  President  is  authorized  to  appoint,  by  and  with  the  advice 
and  consent  of  the  Senate,  three  persons,  not  more  than  two  of  whom 
shall  be  adherents  of  the  same  party,  as  Civil  Service  Commissioners, 
and  said  three  commissioners  sliall  constitute  the  United  States  Civil 
Service  Comuiission.  Said  commis-sioners  shall  hold  no  other  official 
place  under  the  United  Slates. 

******* 
Act  Januaiy  16.  1883,  c.  27,  s.  1.  22  Stat.  403. 

Preparation  of  rules;   duty  of  department  officers  to  aid  in  carrying  out  rules: 
provisions  of  rules. 

Sec.  2.  '^Fhat  it  shall  be  the  duty  of  said  commissioners: 
First.  'J'o  aid  (he  President,  as  he  may  request,  in  preparing  suit- 
able rules  for  carrying  this  act  into  eflfect,  and  when  said  rules  shall 
have  been  pi-onnilgated  it  shall  be  the  duty  of  all  officers  of  the  United 
States  in  the  di'p:\rtmeiits  and  offices  to  which  any  suoli  rules  may  re- 
late to  aitl,  in  all  i)roi)('r  ways,  in  carrying  said  rules,  and  any  modi- 
fication thereof,  into  effect. 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  277 

Second.  And.  among  other  tliin"^.  said  rules  shall  provide  and  de- 
clare, as  nearly  as  the  conditions  of  good  administration  will  warrant, 
as  follows: 

First,  for  open,  competitive  examinations  for  testing  the  fitness 
of  applicants  for  the  public  service  now  classified  or  to  be  classified 
hereunder.  Such  examinations  shall  be  practical  in  their  character, 
and  so  far  as  may  be  shall  relate  to  those  matters  Avhich  will  fairly 
test  the  relative  capacity  and  fitness  of  the  persons  examined  to  dis- 
charge the  duties  of  the  service  into  which  they  seek  to  be  appointed. 

Second,  that  all  the  offices,  places,  and  employments  so  arranged  or 
to  be  arranged  in  classes  shall  be  filled  by  selections  according  to 
grade  from  among  those  graded  highest  as  the  results  of  such  com- 
petitive examinations. 

Third,  appointments  to  the  public  service  aforesaid  in  the  depart- 
ments at  Washington  shall  be  apportioned  among  the  several  States 
and  Territories  and  the  District  of  Columbia  upon  the  basis  of  popu- 
lation as  ascertained  at  the  last  preceding  census.  Every  application 
for  an  examination  shall  contain,  among  other  things,  a  statement, 
under  oath,  setting  forth  his  or  her  actual  bona  fide  residence  at  the 
time  of  making  the  application,  as  well  as  how  long  he  or  she  has  been 
a  resident  of   such  place. 

Fourth,  that  there  shall  be  a  period  of  probation  before  any  abso- 
lute appointment  or  employment  aforesaid. 

Fifth,  that  no  person  in  the  public  service  is  for  that  reason  under 
any  obligations  to  contribute  to  any  political  fund,  or  to  render  any 
political  service,  and  that  he  will  not  be  removed  or  otherwise  preju- 
diced for  refusing  to  do  so. 

Sixth,  that  no  person  in  said  service  has  any  right  to  use  his  official 
authorit}^  or  influence  to  coerce  the  political  action  of  any  person  or 
body. 

Seventh,  there  shall  be  non-competitive  examinations  in  all  proper 
cases  before  the  commission,  when  competent  persons  do  not  compete, 
after  notice  has  been  given  of  the  existence  of  the  vacancy,  under  such 
rules  as  may  he  prescribed  by  the  commissioners  as  to  the  manner 
of  giving  notice. 

Eighth,  that  notice  shall  be  given  in  writing  by  the  appointing 
power  to  said  commission  of  the  persons  selected  for  appointment  or 
employment  from  among  those  who  have  been  examined,  of  the  place 
of  residence  of  such  persons,  of  the  rejection  of  any  such  persons 
after  probation,  of  transfers,  resignations,  and  removals,  and  of  the 
date  thereof,  and  a  record  of  the  same  shall  be  kept  by  said  commis- 
sion. And  any  necessan'  exceptions  from  said  eight  fundamental 
provisions  of  the  rules  shall  be  set  forth  in  connection  with  such  rules, 
and  the  reasons  therefor  shall  be  stated  in  the  annual  reports  of  the 
commission. 

Third.  Said  commission  shall,  subject  to  the  rules  that  may  be 
made  by  the  President,  make  regulations  for,  and  have  control  of, 
such  examinations,  and.  through  its  members  or  the  examiners,  it 
shall  supervise  and  preserve  the  records  of  the  same;  and  said  com- 
mission shall  keep  minutes  of  its  own  proceedings. 

Fourth.  Said  commission  may  make  investigations  concerning  the 
facts,  and  may  report  upon  all  matters  touching  the  enforcement  and 
effects  of  said  rules  and  regulations,  and  concerning  the  action  of  any 


278         LAWS   APPLICABLE    TO    DEI'AKTMENT    OF   AGRICULTURE. 

examiner  or  board  of  examiners  hereinafter  provided  for,  and  its  own 
subordinates,  and  those  in  the  public  service,  in  respect  to  the  execu- 
tion of  this  act. 

******* 

Act  January  16,  1883,  c  27,  s.  2,  22  Stat.  40.3. 
Olassification  of  clerks,  etc.,  in  the  departments. 

Sec.  6.  *  *  *  That  from  time  to  time  said  Secretary  [of  the 
Treasury],  the  Postmaster-General,  and  each  of  the  heads  of  depart- 
ments mentioned  in  the  one  hundred  and  fifty-eighth  section  or  the 
Revised  Statutes,  and  each  head  of  an  office,  shall,  on  the  direction  of 
the  President,  and  for  facilitating  the  execution  of  this  act,  respec- 
tively revise  any  then  existing  classification  or  arrangement  of  those 
in  their  respective  departments  and  offices,  and  shall,  for  the  purposes 
of  the  examination  herein  provided  for,  include  in  one  or  more  of 
such  classes,  so  far  as  practicable,  subordinate  places,  clerks,  and 
officers  in  the  public  service  pertaining  to  their  respective  departments 
not  before  classified  for  examination. 

Act  January  16,  1883.  c.  27,  a  6,  22  Stat.  406. 

The  departments  mentioned  in  Rev.  St.  sec.  158,  referred  to  in  the  above 
section,  are  the  Department  of  State,  the  Department  of  War,  the  Depart- 
ment of  the  Treasury,  the  Department  of  Justice,  the  Post-Otfice  Depart- 
ment, the  Department  of  the  Navy,  and  the  Department  of  the  Interior. 
Rev.  St.  sec.  158  is  amended  by  jict  February  9,  1889,  c.  122,  s.  1,  set  forth 
on  p.  9,  ayite,  to  include  the  Department  of  Agriculture. 

Appointments  and  promotions  to  be  made  upon  examinations. 

Sec.  7.  That  after  the  expiration  of  six  months  from  the  passage 
of  this  act  no  officer  or  clerk  shall  be  appointed.  and*no  person  shall 
be  employed  to  enter  or  be  promoted  in  either  of  the  said  classes  now 
existing,  or  that  may  be  arranged  hereunder  pursuant  to  said  rules, 
until  he  has  passed  an  examination,  or  is  shown  to  be  specially  ex- 
empted from  such  examination  in  conformity  herewith.  But  nothing 
herein  contained  shall  ho  construed  to  take  from  those  honorably 
discharged  from  the  military  or  naval  service  any  preferenre  con- 
ferred by  the  seventeen  hundred  and  fifty-fourth  section  of  the  Re- 
vised Statutes,  nor  to  take  from  the  President  any  authority  not  in- 
consistent with  this  act  conferred  by  the  seventeen  hundred  and  fifty- 
third  section  of  said  statutes;  nor  shall  any  officer  not  in  the  executive 
branch  of  the  government,  or  any  ]>erson  merely  employed  as  a  laborer 
or  workman,  be  required  to  be  classified  liereunder;  nor,  imless  by  the 
direction  of  the  Senate,  shall  any  person  who  has  been  nominated 
for  confirmation  by  the  Senate  be  required  to  be  classified  or  to  pass 
an  examination. 

Act  January  16,  1883,  c.  27,  s.  7,  22  Stat.  406. 
Excessive  use  of  intoxicants  a  bar  to  official  position. 

Sec.  8.  That  no  {person  habitually  using  ii\toxicating  beverages  to 
excess  shall  be  appointed  to.  or  retained  in,  any  office,  appointment, 
or  employment  to  which  the  provisions  of  this  act  are  applicable. 

Act  January  16.  1883.  c.  27,  s.  8.  22  Stat.  406.  ,j, 

Restriction  on  appointments  of  members  of  one  family. 

Sec.  9.  That  whenever  there  are  already  two  or  more  members  of  a 
family  in  the  ])ublic  service  in  the  grades  covered  by  this  act,  no 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  279 

other  memlKjr  of  such  family  shall  be  eligible  to  appointment  to  any 
of  said  grades. 

Act  Jiiiumry  !(>,  1.SS3.  c.  27.  s.  0.  22  Stat.  406. 
Recommendations  of  applicants  by  members  of  Congress. 

Sec.  10.  That  no  recommendation  of  any  person  who  shall  apply 
for  office  or  place  under  the  provisions  of  this  act  which  may  be  given 
by  any  Senator  or  member  of  the  House  of  Representatives,  except  as 
to  the  character  or  residence  of  the  applicant,  shall  be  received  or  con- 
sidered by  any  person  concerned  in  making  any  examination  or  ap- 
pointment under  this  act. 

Act  Jaiuiaiy  ItJ.  1883,  c.  27.  s.  10,  22  Stat.  406. 

REV.  ST.  SEC.   165. 
Clerkships  open  to  women. 

Sec.  165.  Women  may,  in  the  discretion  of  the  head  of  any  De- 
partment, be  appointed  to  any  of  the  clerkships  therein  authorized 
Dy  law.  upon  the  same  requisites  and  conditions,  and  with  the  same 
compensations,  as  are  prescribed  for  men. 

ACT  MARCH  3,  1893,  c.  208.      (27  Stat.  572.) 

Employees  of  detective  agencies  not  to  be  employed  in  Government  service. 

That  hereafter  no  employee  of  the  Pinkerton  Detective  Agency,  or 
similar  agency,  shall  be  employed  in  any  Government  service  or  by 
any  officer  of  the  District  of  Columbia. 

Act  March  3,  1893.  c.  208,  27  Stat.  591. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
3'ear  1894.  A  provision  in  the  same  hinguage.  without  the  word  "  here- 
after," was  contained  in  the  similar  act  for  the  preceding  year. 

ACT  MAY  1,  1884,  c.  37.      (23  Stat.  15.) 

Acceptance  of  voluntary  service  for  Government,  or  employment  of  service  ia, 
excess  of  that  authorized  by  law,  prohibited. 

*  *  *  hereafter  no  Department  or  officer  of  the  United  States 
shall  accept  voluntary  service  for  the  Government  or  employ  per- 
sonal service  in  excess  of  that  authorized  by  law  except  in  cases  of 
sudden  emergency  involving  the  loss  of  human  life  or  the  destruction 
of  property. 

Act  May  1,  1884,  c.  37,  23  Stat.  17. 

This  is  a  provision  of  the  urgent  deficiency  appropriation  act  for  the 
fiscal  ye;ir  1884,  cited  above. 

A  similar  provision  is  contained,  among  other  things,  in  Rev.  St.  sec. 
3679,  as  aniendt^l  hy  act  March  3.  1905,  c.  1481,  and  act  February  27, 
1906,  c.  510,  set  forth  as  amended  on  p.  316,  post,  under  "Appropriations." 
Said  Ilev.  St.  sec.  3679,  as  anioiKkHl,  further  i)rovides  punishment  for 
violation  of  any  provision  thereof. 

REV.  ST.  SEC.   166. 

Distribution  of  clerks. 

^v  Sec.  166.  Each  head  of  a  Department  may,  from  time  to  time, 
alter  the  distribution  among  the  various  bureaus  and  offices  of  his 
Department,  of  the  clerks  and  other  employees  allowed  by  law,  ex- 
cept such  clerks  or  employees  as  may  be  required  by  law  to  be  exc.bi- 


280         J.AWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

sively  eng^ao^od  upon  some  specific  work,  as  he  may  find  it  necessary 
and  proptT  to  do.  but  all  details  hereunder  shall  bo  made  by  written 
order  of  tlie  head  of  the  Department,  and  in  no  case  be  for  a  period 
of  time  exceeding  one  hundred  and  twenty  days:  Provided^  That  de- 
tails so  made  may,  on  expiration,  be  renewed  from  time  to  time  by 
written  order  of  the  head  of  the  Department,  in  each  particular  case, 
for  periods  of  not  exceeding  one  hundred  and  twenty  days.  All  de- 
tails heretofore  made  are  hereby  revoked,  but  may  be  renewed  as 
provided  herein. 

Rev.   St.  sec.  16G,  a.s  amended  by  Act  May  28,  1896.  c.  252.  s.  3,  29 
Stat.  17!». 

ACT  AUGUST  15,  1876,  c.  287.      (19  Stat.  143.) 

Alteration  in  number  of  clerks  of  higher  and  lower  grades. 

Sec.  :5.  That  whenever,  in  the  judgment  of  the  head  of  any  depart- 
ment, the  duties  assigned  to  a  clerk  of  one  class  can  be  as  well  per- 
formed by  a  clerk  of  a  lower  class  or  by  a  female  clerk,  it  shall  be 
lawful  for  him  to  diminish  the  number  of  clerks  of  the  higher  grade 
and  increase  tiie  nunil)er  of  the  clerks  of  the  lower  grade  within  the 
limit  of  the  total  appropriation  for  such  clerical  service:  Provided^ 
That  in  making  any  reduction  of  force  in  any  of  the  executive  de- 
partments, the  head  of  such  department  shall  retain  those  persons 
who  may  be  equally  qualified  who  have  been  honorably  discharged 
from  the  military  or  naval  service  of  the  United  States,  and  the  wid- 
ows and  orphans  of  deceased  soldiers  and  sailors. 

Act  Atigust  m.  1.S70,  c.  2S7,  s.  3,  19  Stat.  1«9. 

Tliis  i.s  a  sectiou  of  the  letjislative,  executive  and  judicial  appropriation 
act  for  the  ti.scal  year  1877,  citetl  above. 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Efficiency  ratings  for  classified  service  in  executive  departments;  promotions, 
demotions,  and  dismissals;  records  of  efficiency  to  be  furnished  by  depart- 
ments; punishment  for  violation  of  section. 

Sec.  4.  The  Civil  Service  Commission  shall,  subject  to  the  approval 
of  the  President,  establish  a  system  of  efficiency  ratings  for  the  classi- 
fied service  in  the  several  executive  departments  in  the  District  of 
Columbia  based  upon  records  kept  in  each  department  and  inde- 
pendent establi.shment  with  such  fre((ueiu'y  as  to  make  tliem  as 
nearly  as  possible  records  of  fact.  Such  system  shall  provide  a 
miiiitinun  rating  of  efficiency  which  must  be  attained  b}'  an  employee 
b(>f()i-e  he  may  be  jjromoted;  it  shall  also  provide  a  rating  below 
which  no  employee  may  fall  without  being  demoted;  it  shall  further 
provide  for  a  rating  below  which  no  employee  may  fall  without  being 
dismis.sed  for  inciriciency.  All  promotions,  demotions,  or  dismissals 
shall  be  governed  by  provisions  of  the  (.'ivil  service  rules.  Co))ies  of 
all  records  of  efficiency  shall  be  furnished  by  the  departments  and 
independent  establishments  to  the  Civil  Service  Commission  for 
recoi'd  in  acr'ordance  with  the  provisions  of  this  section:  Provided^ 
That  in  the  event  ol"  reductit)ns  being  matle  in  the  force  in  any  of  the 
executive  departments  no  honorably  di.scharged  soldier  or  sailor 
whose  record  in  said  department  is  rated  good  shall  be  discharged  or 
dropped,  or  reduced  in  rank  or  salary. 

Any  person  knowingly  violating  the  provisions  of  this  .section  shall 
bo  summarily  removed  from  office,  and  may  also  upon  conviction 


OFFICERS,   CLERKS,    AND   EMPLOYEES.  281 

thereof  be  punished  by  a  fine  of  not  more  than  one  thousaiul  dollars 
or  by  imprisonment  for  not  more  than  one  year. 

Act  August  23,  1912.  (•.  3nO,  s.  4,  37  Stat.  413. 

These  are  provisions  of  the  legislative,  executive,  and  judicial  nppro- 
prialion  act  fur  the  fls<al  year  1913,  cite<l  above. 

ACT  AUGUST  24,  1912,  c.  389.      (37  Stat.  639.) 

Bemovals  from  classified  service,  except  to  promote  ef&ciency,  forbidden;  notice 
of  charges  and  opportunity  for  answer,  required;  right  of  persons  in  civil 
service  to  petition,  etc.  Congress. 

Sec.  6.  That  no  person  in  the  classified  civil  service  of  the  United 
States  shall  be  removed  therefrom  except  for  such  cause  as  will  pro- 
mote tlie  efficiency  of  said  service  and  for  reasons  given  in  writing, 
and  the  person  whose  removal  is  sought  shall  have  notice  of  the  same 
and  of  any  charges  preferred  against  him,  and  be  furnislied  with  a 
copy  thereof,  and  also  be  allowed  a  reasonable  time  for  personally 
answering  the  same  in  writing;  and  affidavits  in  support  thereof; 
but  no  examination  of  witnesses  nor  any  trial  or  hearing  shall  be 
required  except  in  the  discretion  of  the  officer  making  the  removal; 
and  copies  of  charges,  notice  of  hearing,  answer,  reasons  for  removal, 
and  of  the  order  of  removal  shall  be  made  a  part  of  the  records  of 
the  proper  department  or  office,  as  shall  also  the  reasons  for  reduction 
in  rank  or  compensation;  and  copies  of  the  same  shall  be  furnished 
to  the  person  affected  upon  request,  and  the  Civil  Service  Commission 
also  shall,  upon  request,  be  furnished  copies  of  the  same:  *  *  * 
The  right  of  persons  employed  in  the  civil  service  of  the  United 
States,  either  individually  or  collectively,  to  petition  Congres.s,  or 
any  Member  thereof,  or  to  furnish  information  to  either  House  of 
Congiess,  or  to  any  committee  or  member  thereof,  shall  not  be  denied 
or  interfered  with. 

Act  August  24.  1912.  c.  389,  s.  0,  37  Stat.  556. 

These  are  provisions  of  "An  act  making  appropriations  for  the  service 
of  the  Post  Office  Dapartuient  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  thirteen,  and  for  other  purposes,"  cited  above. 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Details  of  employees  of  executive  departments,  etc.,  to  the  oflce  of  the  President. 

*  *  *  That  employees  of  the  executive  departments  and  other 
establishments  of  the  executive  branch  of  the  Government  may  be 
detailed  from  time  to  time  to  the  office  of  the  President  of  the  United 
States,  for  such  temporary  assistance  as  may  be  necessaiy. 

Act  August  23,  1912,  c.  350,  s.  1,  37  Stat.  371. 

This  is  a  provi.so  annexed  to  appropriations  for  the  Kxecutlve.  in  the 
legislative,  executive,  and  judicial  appropriation  act  for  the  fiscal  year 
1913.  cjted  above.  Provisos  in  the  same  words  were  contained  in  the 
.similar  acts  for  1906  and  intervening  fiscal  years. 

ACT  JUNE  22,  1906,  c.  3514.      (34  Stat.  389.) 

Transfers  of  clerks  and  other  employees  from  one  department  to  another,  re- 
stricted. 

Sec.  5.  It  shall  not  be  lawful  hereafter  for  any  clerk  or  other  cm- 
plovee  in  the  classified  service  in  any  of  the  Executive  Departments 
to  be  transferred  from  one  Department  to  another  Department  until 


282  LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

such  clerk  or  other  employee  shall  have  served  for  a  term  of  three 
years  in  the  Department  from  which  he  desires  to  be  transferred. 

Act  June  22,  1906,  c.  3514,  s.  5.  34  Stat.  449. 

This  is  a  section  of  the  legislative,  executive,  and  judicial  appropria- 
tion act  for  the  fiscal  year  1907,  cited  above. 

Details  of   officers,  clerks,  and  employees  in  public   service  outside  District  of 
Columbia  for  duty  in  departments  in  District  of  Columbia,  restricted. 

Sec.  6.  Hereafter  it  shall  be  unlawful  to  detail  civil  oflficers,  clerks. 
or  other  subordinate  employees  who  are  authorized  or  employed 
under  or  paid  from  appropriations  made  for  the  military  or  naval 
establishments,  or  any  other  branch  of  the  public  service  outside  of 
the  District  of  Columbia,  except  those  officers  and  employees  whose 
details  are  now  specially  provided  by  law,  for  duty  in  any  bureau, 
office,  or  other  division  of  any  Executive  Department  in  the  District 
of  Columbia,  except  temporary  details  for  duty  connected  with  their 
respective  offices. 

Act  June  22,  1906,  c.  3514,  s.  6,  34  Stat.  449. 

This,  also,  is  a  .section  of  the  legislative,  executive,  and  judicial  appro- 
priation  act  for  the  fiscal  year  1907.  cited  above. 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Details  of  clerks  and  employees  from  departments,  etc.,  to  Civil  Service  Com- 
mission for  duty  in  District  of  Columbia,  forbidden. 

No  detail  of  clerks  or  other  employees  from  the  executive  depart- 
ments or  other  Government  establishments  in  Washington,  District 
of  Columbia,  to  the  Civil  Service  Commission,  for  the  performance 
of  duty  in  the  District  of  Columbia,  shall  be  made  for  or  during  the 
fiscal  year  nineteen  hundred  and  thirteen. 

Act  August  23,  1912.  c.  350,  s.  1,  37  Stat.  372. 

This  is  a  paragraph  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1913,  cited  above.  Similar  provisions 
were  contained  in  the  similar  acts  for  1906  and  intervening  fiscal  years. 

ACT  JULY  2,  1909,  c.  2.        (36  Stat.  1.) 

Transfers   of  employees   from   departmental   classified   service   to   Census    Ofllce, 
authorized. 

*  *  *  That  employees  in  other  branches  of  the  departmental 
classified  service  who  have  had  previous  exjierience  in  census  work 
may  be  transferred  without  examination  to  the  Census  Office  to  serve 
during  the  whole  or  a  part  of  the  decennial  census  period,  and  at 
the  end  of  such  service  the  employees  so  transferred,  shall  be  eli- 
gible to  appointment  to  positions  in  any  Department  held  by  them  at 
date  of  transfer  to  the  Census  Office,  without  examination:     *     *     * 

Act  July  2.  1909,  c.  2,  s.  7,  36  Slat.  3. 

These  are  provisions  of  "An  act  to  provide  for  the  thirteenth  and 
subsequent  decennial  censuses,"  cited  above. 

ACT  JUNE  25,  1910.  c.  384.      (36  Stat.  703.) 

Details  of  employees  of  Government  Printing  Office  to  other  executive  depart- 
ments, etc.,  restricted. 

Hereafter  no  employee  of  the  Government  Printing  Office  shall 
be  detailed  to  duties  not  pertaining  to  the  work  of  public  printing 


OFriCERS,   CLERKS,   AND   EMPLOYEES.  283 

and  binding  in  any  executive  department  or  other  Government  estab- 
lishment unless  expressly  authorized  by  law. 

Act  June  25,  1910,  e.  3S4.  s.  1.  36  Stat.  770. 

This  is  a  paragraph  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1911,  cited  above. 

ACT  FEBRUARY  26,  1907,  c.  1635.      (34  Stat.  935.) 
Compensation  of  heads  of  executive  departments. 

Sec.  4.  Tliat  on  and  after  March  fourth,  nineteen  liundred  and 
seven  tlie  compen.sation  of  *  *  *  the  heads  of  Executive  Depart- 
ments who  are  members  of  the  President's  Cabinet  shall  be  at  the 
rate  of  twelve  thousand  dollars  per  annum  each,     *     *     *. 

Act  February  2G,  1907.  c.  1035,  s.  4.  34  Stat.  993. 

This  section  is  a  portion  of  the  legislative,  executive,  and  judicial 
appropriation  act  for  tlie  fiscal  year  190S,  cited  above. 

This  section  supersedes  Rev.  St.  sec.  160,  which  provided  that  "  Kach 
head  of  a  department  is  entitled  to  a  salary  of  ten  thousand  dollars  a 
ye.ir,  to  be  paid  monthly." 

EEV.  ST.  SEC.  167. 

Salaries  of  clerks  and  employees  in  the  departments. 

Sec.  1G7.  The  annual  salaries  of  clerks  and  employes  in  the  De- 
partments, whose  compensation  is  not  otherwise  prescribed,  shall 
be  as'  follows : 

First.  To  clerks  of  the  fourth  class,  eighteen  hundred  dollars. 

Second.  To  clerks  of  the  third  class,  sixteen  hundred  dollars. 

Third.  To  clerks  of  the  second  class,  fourteen  hundred  dollars. 

Fourth.  To  clerks  of  the  first  class,  twelve  hundred  dollars. 

Fifth.  To  the  women  employed  in  duties  of  a  clerical  character, 
subordinate  to  those  assigned  to  clerks  of  the  first  class,  including 
copyists  and  counters,  or  temporarily  employed  to  perform  the  duties 
of  a  clerk,  nine  hundred  dollars. 

Sixth.  To  messengers,  eight  hundred  and  forty  dollars. 

Seventh.  To  assistant  messengers,  seven  hundred  and  twenty 
dollars. 

Eighth.  To  laborers,  seven  hundred  and  twenty  dollars. 

Ninth.  To  watchmen,  seven  hundred  and  twenty  dollars. 

KEV.   ST.   SEC.   168. 
Salary  of  temporary  clerks. 

Sec.  108.  Except  when  a  different  compensation  is  expressly  pre- 
scribed by  law,  any  clerk  temporarily  employed  to  perform  the  same 
or  similar  duties  with  those  belonging  to  clerks  of  either  class,  is 
entitled  to  the  same  salary  as  is  allowed  to  clerks  of  that  class. 

KEV.   ST.   SEC.   169. 

Authority  to  employ  clerks  and  other  employees. 

Sec.  169.  Each  head  of  a  Department  is  authorized  to  employ  in 
his  Department  such  number  of  clerks  of  the  several  classes  recog- 
nized by  law,  and  such  messengers,  assistant  messengers,  copyists, 
•watchmen,  laborers,  and  other  employes,  and  at  such  rates  of  com- 
pensation, respectively,  as  may  be  appropriated  for  by  Congress  from 
year  to  year. 


284  LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

ACT  AUGUST  15,  1876,  c.  287.      (19  Stat.  143.) 

Employment  of  clerks,  etc.,  and  other  employees  beyond  provisions  of  law  pro- 
hibited. 

Sec.  5.  That  the  executive  officers  of  the  Government  are  hereby 
prohibited  from  employing  any  clerk,  agent,  engineer,  draughtsman [,] 
messenger[,|  watchman,  laborer,  or  other  employee,  in  any  of  the 
executive  departments  in  the  city  of  Washington,  or  elsewhere 
beyond  provision  made  bj'  law. 

Act  August  15,  1876,  c.  287,  8.  5,  19  Stat.  169. 

This  is  a  section  of  the  legislative,  executive,  and  judicial  appropriation 
act  for  the  fiscal  year  1877,  cited  above. 

ACT  AUGUST  5,  1882,  c.  389.      (22  Stat.  219.) 

Officers,  clerks,  and  other  employees  to  be  paid  from  specific  appropriations. 

Sec.  4.  'J'liat  no  civil  officer,  clerk,  draughtsman,  copyist,  messen- 
ger, assistant  messenger,  mechanic,  watchman,  laborer,  or  other  em- 
ployee shall  after  the  first  day  of  October  next  be  employed  in  any 
of  the  executive  departments,  or  subordinate  bureaus  or  offices  thereof 
at  the  seat  of  government,  except  only  at  such  rates  and  in  such 
numbers,  respectively,  as  may  be  specifically  appropriated  for  by 
Congress  for  such  clerical  and  other  personal  services  for  each  fiscal 
year;  and  no  civil  officer,  clerk,  draughtsman,  copyist,  messenger, 
assistant  messenger,  mechanic,  watchman,  laborer,  or  other  employee 
shall  hereafter  be  employed  at  the  seat  of  government  in  any  execu- 
tive department  or  subordinate  bureau  or  office  thereof  or  be  paid 
from  any  appropriation  made  for  contingent  expenses,  or  for  any 
specific  or  general  purpose,  unless  such  employment  is  authorized 
^nd  payment  therefor  specifically  provided  in  the  law  granting  the 
appropriation,  and  then  only  for  services  actually  rendered  in  con- 
nection with  and  for  the  purposes  of  the  appropriation  from  which 
payment  is  made,  and  at  the  rate  of  compensation  usual  and  proper 
for  such  services,  and  after  the  first  day  of  October  next  section  one 
hundred  and  seventy-two  of  the  Revised  Statutes,  and  all  other  laws 
and  parts  of  laws  inconsistent  with  the  provisions  of  this  act.  and 
all  laws  and  parts  of  laws  authorizing  the  employment  of  officers, 
clerks,  draughtsmen,  copyists,  messengers,  assistant  mes.sengers,  me- 
chanics, watchmen,  laborers,  or  other  employees  at  a  different  rate  of 
Eay  or  in  excess  of  the  numbers  authorized  by  appropriations  made 
y  Congress,  be,  and  they  are  hereby,  repealed;  and  thereafter  all  de- 
tails of  civil  officers,  clerks,  or  other  subordinate  employees  from  places 
outside  of  the  District  of  Columbia  for  duty  within  the  District  of 
Columbia,  except  temporary  details  for  duty  connected  with  their 
respective  offices,  bo.  and  are  hereby,  prohibited;  and  thereafter  all 
moneys  accruing  from  lapsed  salaries,  or  from  unused  appropria- 
tions for  salaries,  shall  be  covered  into  the  Treasury:     *     *     * 

Act  August  5.  l.S,S2,  c.  .3S9.  s.  4.  22  Stnl.  20"). 

Those  are  i)rovlslons  of  the  legislative,  executive,  and  Judicial  appro- 
priation act  for  the  fl.scnl  year  1SS3.  cite<l  above. 

A  provision,  similar  to  tiiat  In  the  above  section,  relatins  to  dotnlla 
of  oflicors,  clerks,  and  employees  outside  (if  the  District  of  Columbia 
f<M-  dvity  in  the  departments  in  the  I>istrlct  of  Columbia,  Is  contained  in 
act  .Tnne  22,  1906,  c.  .S.-)14.  9.  6.  set  forth  on  p.  282,  ante. 

Punishment  for  violation  of  this  section  is  provideil  In  act  August  23, 
1912.  c.  350,  set  forth  below. 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  285 

Rev.  St.  sec.  3G79,  as  ameudtMl  by  act  March  3,  1905,  c.  1481,  and  act 
February  27,  1906,  c.  510,  sot  forth  as  auiended  on  p.  316,  post,  under 
"Appropriations,"  provides,  among  other  things,  that  no  department  or 
any  officer  of  the  Government  shall  accept  voluntary  service  for  the  Gov- 
ernment or  employ  personal  service  in  excess  of  that  authorized  by  law, 
except  in  cases  of  sudden  emergency  involving  the  loss  of  human  life  or 
tlie  destruction  of  property,  and  further  provides  punishment  for  violation 
of  any  provision  thereof. 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 
Violation  of  preceding  section;  punishment. 

Sec.  5.  That  any  pereon  violating  section  four  of  the  legislative, 
I  executive,  and  judicial  appropriation  Act  approved  August  fifth, 
eighteen  hundren  and  eighty-two  (Statutes  at  Large,  volume  twenty- 
two,  page  two  hundred  and  fifty-five),  shall  be  summarily  removed 
from  office,  and  may  also  upon  conviction  thereof  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars  or  by  imprisonment  for 
not  more  than  one  year. 

Act  August  23.  1912,  c.  350.  s.  5,  37  Stat.  414. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1913,  cited  above. 

Act  August  5,  1882.  c.  389,  s.  4,  mentioned  in  this  section,  is  set  forth 
above. 

ACT  AUGUST  26,  1912,  c.  408.     (37  Stat.  595.) 

Lnmp-siim  appropriations  not  available  for  increased  compensation. 

Sec.  7.  Xo  part  of  any  money  contained  herein  or  hereafter  appro- 
priated in  lump  sum  shall  be  available  for  the  payment  of  personal 
services  at  a  rate  of  compensation  in  excess  of  that  paid  for  the  same 
or  similar  services  during  the  fiscal  j^ear  nineteen  hundred  and  twelve; 
nor  shall  any  person  employed  at  a  specific  salary  be  hereafter  trans- 
ferred and  hereafter  paid  from  a  lump-sum  appropriation  a  rate  of 
compensation  greater  than  such  specific  salary,  and  the  heads  of 
departments  shall  cause  this  provision  to  be  enforced. 

Act  August  26,  1912.  c.  408,  s,  7.  87  Stat.  620. 

This  section  is  a  jmrtion  of  the  deficiency  appropriation  act  for  the 
fiscal  year  1912,  cited  above. 

EEV.   ST.   SEC.   170. 

Extra  compensation  to  clerks  prohibited. 

Sec.  170.  No  money  sliall  be  paid  to  any  clerk  employed  in  either 
Department  at  an  annual  salary,  as  compensation  for  extra  services, 
unless  expressly  authorized  bj'^  law. 

BEV.  ST.  SEC.  171. 

Restriction  on  employing  extra  clerks. 

Sec.  171.  No  extra  clerk  shall  be  employed  in  any  Department, 
Bureau,  or  office,  at  the  seat  of  Government,  except  during  the  ses- 
sion of  Congress,  or  when  indispensably  necessaiy  in  answering  some 
call  made  by  either  House  of  Congress  at  one  session  to  be  answered 
at  anotlier;'nor  then,  except  by  order  of  the  head  of  the  Department 
in  which,  or  in  some  Bureau  or  office  of  which,  such  extra  clerk  .shall 
be  employed.  And  no  extra  clerk  employed  in  either  of  the  Depart- 
ments shall  receive  compensation  except  for  time  actually  and  neces- 
sarily employed,  nor  any  gi-eater  compensation  than  three  dollars  a 
day  for  copying,  or  four  dollars  a  day  for  any  other  .'^rvice. 


286         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE, 

EEV.  ST.   SEC.   1760. 

Payment  of  salary  for  office  not  authorized  by  law,  forbidden. 

Sec.  1700.  Xo  money  shall  be  paid  from  the  Treasury  to  any  per- 
son acting  or  assuming  to  act  as  an  oflBcer,  civil,  military,  or  naval,  as 
salary,  in  any  office  when  the  office  is  not  authorized  by  some  previ- 
ously existing  law,  unless  such  office  is  subsequently  sanctioned  by 
law. 

EEV.  ST.   SEC.   1761. 

Payment  of   salaries   to   certain   appointees   to   fill   vacancies   during   recess   of 
Senate,  forbidden. 

Sec.  1761.  Xo  money  shall  be  paid  from  the  Treasury,  as  salary,  to 
any  person  appointed  during  the  recess  of  the  Senate,  to  fill  a  vacancy 
in  any  existing  office,  if  the  vacancy  existed  while  the  Senate  was  in 
session  and  was  b}'^  law  required  to  be  filled  by  and  with  the  advice 
and  consent  of  the  Senate,  until  such  appointee  has  been  confirmed  by 
the  Senate. 

EEV.  ST.   SEC.   1764. 

Extra  allowance  or  compensation  to  officer  or  clerk  performing  duties  of  other 
officer  or  clerk,  forbidden. 

Sec.  1764.  Xo  allowance  or  compensation  shall  be  made  to  any 
officer  or  clerk,  by  reason  of  the  discharge  of  duties  which  belong  to 
any  other  officer  or  clerk  in  the  same  or  any  other  Department ;  and 
no  allowance  or  compensation  shall  be  made  for  any  extra  services 
whatever,  which  any  officer  or  clerk  maj'  be  required  to  perform, 
unless  expressly  authorized  by  law. 

EEV.  ST.  SEC.   1765. 

Extra  allowances  not  authorized  by  law,  prohibited. 

Sec.  1765.  Xo  officer  in  any  branch  of  the  public  service,  or  any 
other  person  whose  salary,  pay,  or  emoluments  are  fixed  by  law  or 
regulations,  shall  receive  any  additional  pay,  extra  allowance,  or 
compensation,  in  any  form  whatever,  for  the  disbursement  of  public 
money,  or  for  any  other  service  or  duty  whatever,  unless  the  same  is 
authorized  by  law.  and  the  appropriation  therefor  explicitly  states 
that  it  is  for  such  additional  pay,  extra  allowance,  or  compensation. 

EEV.  ST.  SEC.   1766. 

Payment  of  compensation  to  person  in  arrears  to  United  States,  forbidden. 

Sec.  1760.  Xo  money  shall  be  paid  to  any  person  for  his  compensa- 
tion who  is  in  arrears  to  the  United  States,  until  he  has  accounted  for 
and  paid  into  the  Treasury  all  sums  for  which  he  may  be  liable.  In 
all  cases  where  the  pay  or  salary  of  any  person  is  withheld  in  pursu- 
ance of  this  .section,  the  accounting  officers  of  the  Treasury,  if  required 
to  do  so  by  the  party,  his  agent  or  attorney,  shall  report  forthwith  to 
the  Solicitor  of  tlie  Treasury  the  balance  due;  and  the  Solicitor  shall, 
within  sixty  days  therenftor,  order  suit  to  be  commenced  against  such 
delinquent  and  his  sureties. 

ACT  JUNE  20,  1874.  c.  328.      (18  Stat.  86.) 
Extra  compensation   or   perquisites  prohibited. 

Sec.  3.  That  no  civil  officer  of  the  Government  shall  hereafter 
;"eceive  any  compensation  or  perquisites,  directly  or  indirectly,  from 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  287 

the  treasury  or  property  of  the  United  States  beyond  his  salary  or 
compensation  allowed  by  law ;     *     *     * 

Act  June  20,  1S74,  c.  328,  b.  3,  IS  Stiit.  109. 

This  is  a  section  of  the  legislative,  executive,  iind  jiidiciiil  jippropria- 
tiou  act  for  the  fiscal  year  1875,  citetl  ;ibove. 

ACT  MARCH  3,  1875,  c.  133.      (18  Stat.  452.) 
Actual  traveling  expenses  only  to  be  allowed. 

*  *  *  That  hereafter  only  actual  travelling-expenses  shall  be 
allowed  to  any  person  holding  employment  or  appointment  under  the 
United  States,  *  *  *  and  all  allowances  for  mileages  and  trans- 
portation in  excess  of  the  amount  actually  paid,  except  as  above  ex- 
cepted, are  hereby  declared  illegal ;  and  no  credit  shall  be  allowed  to 
any  of  the  disbursing-officers  of  the  United  States  for  payment  or 
allowances  in  violation  of  this  provision. 

Act  March  3,  1875,  c.  133,  s.  1.  18  Stat.  452. 

This  is  a  proviso  annexed  to  the  Army  appropriation  act  for  the  fiscal 
year  1876,  cited  above.  A  like  provision,  without  the  word  "  hereafter," 
was  contained  in  the  similar  act  for  the  preceding  fiscal  year. 

Officials  and  employees  of  the  Department  of  Agriculture  may  receive 
a  i)er  diem  allowance  in  lieu  of  subsistence  and  certain  traveling  expenses, 
by  a  provision  of  act  August  10,  1912,  c.  284,  set  forth  on  p.  21,  ante. 

The  Secretary  of  Agriculture  is  authorized  to  purchase  from  appro- 
priations for  traveling  expenses  for  employees  of  the  Department  of  Agri- 
culture, mileage  and  mileage  books,  by  a  provision  of  act  March  4,  1907, 
c.  2907,  set  forth  on  p.  21,  ante. 

ACT  JUNE  26,  1912,  c.  182.      (37  Stat.  139.) 

Eestriction  on  expenditures  for  membership  fees  or  dues  of  officers  or  employees 
of  United  States  in  societies  or  associations,  and  for  expenses  of  attendance 
at  meetings  or  conventions  thereof. 

Sec.  8.  Xo  mone}'  appropriated  by  this  or  any  other  Act  shall  be 
expended  for  membership  fees  or  dues  of  any  officer  or  employee  of 
the  United  States  or  of  the  District  of  Columbia  in  any  society  or 
association  or  for  expenses  of  attendance  of  any  person  at  any  meet- 
ing or  convention  of  members  of  any  society  or  association,  unless 
such  fees,  due.'^,  or  expenses  are  authorized  to  be  paid  by  specific 
appropriations  for  .such  purposes  or  are  provided  for  in  express  terms 
in  some  general  appropriation. 

Act  June  26,  1912,  c.  182,  s.  8,  37  Stat.  184. 

This  section  is  a  part  of  the  District  of  Columbia  appropriation  act  for 
the  fiscal  year  1913,  cited  above. 

ACT  AUGUST  24,  1912,  c.  355.      (37  Stat.  417.) 

Expenses  of  attendance  Government  officers  and  employees  during  the  fiscal 
year  1913  authorized;  restriction. 

Sec.  10.  That  section  eight  of  the  District  of  Columbia  appropria- 
tion Act,  approved  June  twenty-sixth,  nineteen  hundred  and  twelve, 
shall  not  take  effect  or  be  operative  during  the  fiscal  year  nineteen 
hundred  and  thirteen  except  to  the  extent  that  it  prohibits  the  pay- 
ment of  membership  fees  or  dues  in  societies  or  associations:  Pw- 
vided,  That  during  the  fiscal  year  nineteen  hundred  and  thirteen 
expenses  of  attendance  of  officers  or  employees  of  the  Government 
at  any  meeting  or  convention  of  members  of  any  society  or  associa- 
tion shall  be  incurred  only  on  the  written  authority  and  direction  of 
the  heads  of  executive  departments  or  other  Government  establish- 
ments or  the  Government  of  the  District  of  Columbia ;  and  a  detailed 


288  LAWS  APPLICABLB   TO   DEPARTMENT   OF   AGRICULTURE. 

Ktotement  of  all  such  expenses  incurred  from  June  thirtieth  until 
December  first,  nineteen  hundred  and  twelve,  shall  be  submitted  to 
Congress  on  or  before  January  first,  nineteen  hundred  and  thirteen. 

Act  August  24,  1912,  c.  355,  a  10,  37  Stat.  488. 

This  section  is  a  i)art  of  tlie  sundry  civil  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

Act  June  20.  1912,  c.  182.  s.  8.  mentioned  in  this  section,  is  set  forth 
above. 

EEV.  ST.   SEC.   1763. 
Doable  salaries. 

Sec.  1703.  No  person  who  holds  an  office,  the  salary  or  annual 
compensation  attached  to  which  amounts  to  the  sum  of  two  thousand 
five  hundred  dollars,  shall  receive  compen.sation  for  discharging  the 
duties  of  any  other  office,  unless  expressly  authorized  by  law. 

ACT  JULY  31,  1894,  c.  174.      (28  Stat.  162.) 

Holding  other  lucrative  office. 

Sec.  2.  *  *  *  No  person  who  holds  an  office  the  salary  or  annual 
compensation  attached  to  which  amounts  to  the  sum  of  two  thousand 
five  hundred  dollars  shall  be  appointed  to  or  hold  any  other  office 
to  which  compensation  is  attached  unless  specially  heretofore  or 
hereafter  specially  authorized  thereto  by  law;    *    *    * 

Act  July  31,  1894.  c.  174,  s.  2,  28  Stat.  205. 

This  is  a  provision  of  the  lepi.slative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1895,  cited  above. 

KEV.  ST.  SEC.  2687. 

Apportionment  of  compensation  for  part  of  a  year's  service. 

Sec.  2(')87.  Collectors  and  all  other  officers  of  the  customs,  serving 
for  a  less  ])eriod  than  a  year,  shall  not  be  paid  for  the  entire  year,  but 
shall  be  allowed  in  no  case  a  greater  than  a  pro  rata  of  the  maximum 
compensation  of  such  officers  respectively  for  the  time  only  which 
they  actually  serve  as  such  collectors  or  officers,  whether  the  same  be 
under  one  or  more  appointments,  or  before  or  after  confirmation. 
And  no  collector  or  other  officer  shall,  in  any  case,  receive  for  his 
services,  either  as  fees,  salary,  fines,  penalties,  forfeitures,  or  other- 
wise, for  the  time  he  may  be  in  service,  beyond  the  maximum  pro 
rata  rate  provided  by  law.  And  this  section  shall  be  applied  and 
enforced  in  regard  to  all  officers,  agents,  and  employes  of  the  United 
States  whomsoever,  as  well  th(\'5c  whose  compensation  is  determined 
by  a  commi.^^sion  on  disbursements,  not  to  exceed  an  annual  maximum, 
as  tliose  jiaid  by  salaiy  or  otherwise. 

ACT  JUNE  30,  1906,  c.  3914.      (34  Stat.  697.) 

Annual  or  monthly  compensation;   rules  for  division  of  time  and  computation 
of  pay. 

Sec.  <>.  Hereafter,  where  the  compensation  of  any  person  in  the 
service  of  the  United  States  is  annual  or  monthly  the  following  rules 
for  division  of  time  and  computation  of  pay  for  services  rendered  are 
hereby  established:  Annual  conipensation  sliall  be  divided  into  twelve 
equal  installments,  one  of  whicli  shall  be  the  pay  for  each  calendar 
month;  and  in  making  payments  for  a  fractional  part  of  a  month 
one-thiifictii  of  oik    of  such  installments,  or  of  a  monthly  compen- 


OFFICERS,   CLERKS,    AND   EMPLOYEES.  289 

sation,  shall  be  the  daily  rate  of  pay.  For  the  purpose  of  computinjr 
such  compensation  and  for  computing  time  for  services  rendered 
during  a  fractional  part  of  a  month  in  connection  with  annual  or 
monthly  compensation,  each  and  every  month  shall  be  held  to  consist 
of  thirty  days,  without  regard  to  the  actual  number  of  days  in  any 
calendar  month,  thus  excluding  the  thirty-first  of  any  calendar 
month  from  the  computation  and  treating  Februarj^  as  if  it  actually 
had  thirty  days.  Any  person  entering  the  service  of  the  United 
States  during  a  thirty-one  day  month  and  serving  until  the  end 
thereof  shall  be  entitled  to  pay  for  that  month  from  the  date  of 
entry  to  the  thirtieth  day  of  said  month,  both  days  inclusive;  and 
anj'  person  entering  said  service  during  the  month  of  February  and 
serving  until  the  end  thereof  shall  be  entitled  to  one  month's  pay, 
less  as  many  thirtietlis  thereof  as  there  were  days  elapsed  prior  to 
date  of  entry:  Provided,  That  for  one  day's  unauthorized  absence  on 
the  thirt3^-first  day  of  any  calendar  month  one  day's  pay  shall  be 
forfeited. 

Act  Jime  30.  1906,  c.  3914.  s.  6,  34  Stat.  763. 

Tins  sectiou  is  a  part  of  the  sundry  civil  appropriation  act  for  the 
fiscal  year  1907,  cited  above. 

A  previous  similar  but  less  specific  provision  contained  in  the  similar 
appropriation  act  for  the  fiscal  year  1904  may  be  regarded  as  superseded 
by  this  section. 

ACT  AUGUST  8,  1888,  c.  787.  An  act  requiring  notice  of  deficiency  in  accounts 
of  principals  to  he  given  to  sureties  uix)n  bonds  of  United  States  officials 
and  fixing  a  limitation  of  time  within  which  suits  shall  be  brought  against 
said  sureties  upon  said  bonds.     (25  Stat.  387.) 

Notice  to  sureties  on  official  bonds  of  delinquency  of  principal. 

That  hereafter,  whenever  any  deficiency  shall  be  discovered  in  the 
accounts  of  any  official  of  the  United  States,  or  of  any  officer  dis- 
bursing or  chargeable  with  public  money,  it  shall  be  the  duty  of  the 
accounting  officers  making  such  discovery  to  at  once  notify  the  head 
of  the  Department  having  control  over  the  affairs  of  said  officer  of 
the  nature  and  amount  of  said  deficiency,  and  it  shall  be  the  imme- 
diate duty  of  said  head  of  Department  to  at  once  notify  all  obligors 
upon  the  bond  or  bonds  of  such  official  of  the  nature  of  such  defi- 
ciency and  the  amount  thereof.  Said  notification  shall  be  deemed 
sufficient  if  mailed  at  the  post-office  in  the  city  of  Washington,  Dis- 
trict of  Columbia,  addressed  to  said  sureties  respectively,  and  directed 
to  the  respective  post-offices  where  said  obligors  may  reside,  if  known: 
but  a  failure  to  give  or  mail  such  notice  shall  not  discharge  the  surety 
or  sureties  upon  such  bond. 

Act  August  8.  1888,  c.  787,  s.  1,  25  Stat.  387. 
limitation  of  actions  on  official  bonds. 

Sec.  2.  That  if,  upon  the  statement  of  the  account  of  any  official 
of  the  United  States,  or  of  any  officer  disbursing  or  chargeable  with 
public  money,  by  the  accounting  officers  of  the  Treasury,  it  shall 
thereby  ap])ear  that  he  is  indebted  to  the  United  States,  and  suit 
therefor  shall  not  be  instituted  within  five  years  after  such  statement 
of  said  account,  the  sureties  on  his  bond  shall  not  be  liable  for  such 
indebtedness. 

Act  August  8.  ISSS,  c.  787.  s.  2.  25  Stat.  387. 

71657—13 19 


290         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

ACT  AUGUST  15,  1876,  c.  287.      (19  Stat.  143.) 

Officers  or  employees  of  United  States  prohibited  from  requesting,  giving,   or 
receiving  contributions  for  political  purposes;   punishment. 

Sec.  6.  That  all  executive  officers  or  emplo.yees  of  the  United 
States  not  appointed  by  the  President,  with  the  advice  and  consent 
of  the  Senate,  are  prohibited  from  requesting,  giving  to,  or  receiving 
from,  any  other  officer  or  employee  of  the  Government,  any  money 
or  property  or  other  thing  of  value  for  political  purposes;  and  any 
such  officer  or  employee,  who  shall  offend  against  the  provisions  of 
this  section  shall  be  at  once  discharged  from  the  service  of  the  United 
States;  and  he  shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  five  hundred 
dollars. 

Act  August  15,  1876,  c.  287,  s.  6,  19  Stat.  169. 

This  section  is  a  part  of  the  legislative,  executive,  and  .iudiclal  appropri- 
ation act  for  the  fiscal  year  1877,  cited  above.  Similar  and  more  com- 
prehensive provisions  are  contained  in  act  March  4.  1909,  c.  321,  ss. 
118-121,  set  forth  below. 

ACT  MARCH  4.  1909,  c.  321.      (35  Stat.  1088.) 

Soliciting  or  receiving  political  contributions  by  officers,  clerks,  and  employees 
of  United  States  from  other  such  officers,  clerks,  and  employees,  prohibited. 

Sec.  118.  No  Senator  or  Representative  in,  or  Delegate  or  Resident 
Commissioner  to  Congress,  or  Senator,  Representative,  Delegate,  or 
Resident  Commissioner  elect,  or  officer  or  employee  of  either  House 
of  Congress,  and  no  executive,  judicial,  military,  or  naval  officer  of 
the  United  States,  and  no  clerk  or  employee  of  any  department, 
branch,  or  bureau  of  the  executive,  judicial,  or  military  or  naval 
service  of  the  United  States,  shall,  directly  or  indirectly,  solicit  or 
receive,  or  be  in  any  manner  concerned  in  soliciting  or  receiving,  any 
assessment,  subscription,  or  contribution  for  an}''  political  purpose 
whatever,  from  any  officer,  clerk,  or  employee  of  the  United  States, 
or  any  department,  branch,  or  bureau  thereof,  or  from  any  person 
receiving  any  salary  or  compensation  from  moneys  derived  from  the 
Treasury  of  the  United  States. 

Act  March  4,  1909,  c.  321,  s.  118,  35  Stat.  1110. 

This  is  a  swtion  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cited  above,  iuconiorating  therein  the  provi- 
sions of  section  11.  act  January  16,  1883,  c.  27.  22  Stat.  406,  which  section 
Is  expressly  repealed  by  section  .341  of  this  act. 

Soliciting  or  receiving  political  contributions  in  public  offices,  prohibited. 

Sec.  110,  No j)erson  shall,  in  any  room  or  building  occupied  in  the 
discharge  of  official  duties  by  any  officer  or  employee  of  the  United 
States  mentioned  in  the  preceding  section,  or  in  any  navy-yard,  fort, 
or  ar.soniil.  solicit  in  any  manner  whatever  or  receive  any  contribution 
<»f  money  or  other  thing  of  value  for  any  political  purpose  whatever. 

Act  March  4.  1909.  c.  321.  s.  119,  35  Stat.  1110. 

This  is  a  siMtlon  of  "An  act  to  c(xlify.  revise,  and  amend  the  penal 
laws  of  the  UnitCil  States,"  cited  above,  iuconiorating  therein  the  provi- 
sions of  section  12,  act  January  10,  1883.  c.  27,  22  Stat.  407.  which  section 
is  expressly  rei)oaled  by  sivtion  ."'.41  of  this  act. 

Discharge,   promotion,   degrading,   etc.,   officers   or  employees   for   giving,   with- 
holding, etc.,  political  contributions,  prohibited. 

Sec.  120.  No  offiicr  or  employee  of  the  United  States  mentioned 
in  section  one  hundred  and  eighteen,  shall  discharge,  or  promote,  or 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  291 

degrade,  or  in  any  manner  chang^e  the  official  rank  or  compensation 
of  any  other  officer  »ir  employee,  or  promise  or  threaten  so  to  do,  {'i)r 
giving  or  withholding  oi-  neglecting  to  make  any  contribution  of 
money  or  other  valirable  thing  for  any  political  purpose. 

Act  March  4.  1909.  c.  321.  s.  120,  35  Stat.  1110. 

This  is  a  section  of  "An  act  to  co<lify,  revise,  and  amend  the  penal 
laws  of  the  Uuite<l  States."  cited  above,  incorporating  therein  the  provi- 
sions of  section  13.  act  Jannary  IG,  1SS3,  c.  23,  22  Stat.  407,  which  section 
is  expressly  repealed  by  section  341  of  this  act. 

Making  political  contributions  by  officers  or  employees  of  United  States  to  other 
such  officers  or  employees,  prohibited. 

Sec.  121.  No  officer,  clerk,  or  other  person  in  the  service  of  the 
United  States  shall,  directly  or  indirectly,  give  or  hand  over  to  any 
other  officer,  clerk,  or  person  in  the  service  of  the  United  States,  or 
to  any  Senator  or  Member  of  or  Delegate  to  Congress,  or  Resident 
Commissioner,  any  money  or  other  valuable  thing  on  account  of  or 
to  be  applied  to  the  promotion  of  any  political  object  whatever. 

Act  March  4,  1909.  c.  321.  s.  121,  35  Stat.  1110. 

This  is  a  section  of  ''An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cited  above,  incorporating  thei-ein  the  pro\'i- 
sions  of  section  14.  act  Jannary  16,  1883.  c.  23,  22  Stat.  407,  which  section 
is  expressly  repealed  by  section  341  of  this  act. 

Penalty  for  violating  provisions  of  four  preceding  sections. 

Sec.  122.  Whoever  .shall  violate  any  provision  of  the  four  preceding 
sections  shall  be  fined  not  more  than  five  thousand  dollars,  or  impris- 
oned not  more  than  three  years,  or  both. 

Act  March  4,  1909.  c.  321,  s.  122,  35  Stat.  1110. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cited  above,  incoi-porating  therein  the  provi- 
sions of  section  15,  act  January  16.  1883,  c.  23,  22  Stat.  407,  which  section 
is  expressly  repealed  by  section  .341  of  this  act. 

REV.  ST.  SEC.   1784. 

Contributions,  presents,  etc.,  to  superiors,  prohibited;  punishment. 

Sec.  1784.  No  officer,  clerk,  or  employe  in  the  United  States  Gov- 
ernment employ  shall  at  any  time  solicit  contributions  from  other 
officers,  clerks,  or  employes  in  the  Government  service  for  a  gift,  or 
present  to  those  in  a  superior  official  position;  nor  shall  any  such 
officials  or  clerical  superiors  receive  any  gift  or  present  offered  or 
presented  to  them  as  a  contribution  from  persons  in  Government 
employ  receiving  a  less  salary  than  themselves;  nor  shall  any  officer 
or  clerk  make  any  donation  as  a  gift  or  present  to  any  official  supe- 
rior. Every  person  who  violates  this  section  shall  be  summarily  dis- 
charged from  the  Government  employ. 

ACT  FEBRUARY  24,  1899,  c.  187.      (30  Stat.  846.) 

Civil  pension  roll  prohibited. 

*  *  *  The  establishment  of  a  civil  pension  roll  or  an  honorable 
.service  roll,  or  the  exemption  of  any  of  the  officers,  clerks,  and  per- 
sons in  the  public  service  from  the  existing  laws  respecting  employ- 
ment in  such  service,  is  hereby  prohibited :     *     *     * 

Act  February  24,  1899,  c.  187,  s.  4,  30  Stat.  890. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  aj)proi»ria- 
tion  act  for  the  fiscal  year  1900,  cited  above. 

A  proviso  annexed  to  this  provision,  relating  to  iunma!  leave  of  .ab- 
sence, is  set  forth  below. 


292         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

ACT  JUNE  7.  1897.  c.  3.      ^30  Stat.  62.)- 

Expenditures  for  transportation  of  remains  of  deceased  employees. 

*  *  *  That,  hereafter  the  heads  of  Departments  shall  not  au- 
thorize any  expenditure  in  connection  with  transportation  of  remains 
of  deceased  employees,  except  when  otherwise  specifically  provided 
by  law. 

Act  June  7.  1897.  c.  3,  s.  1,  30  Stat.  8G. 

This  is  a  proviso  annexed  to  an  jipprojjriation  for  such  expenditures  iu 
the  InfliMU  appropriuiion  iiot  for  the  fisc;il  year  1S98.  oited  above. 

REV.  ST.  SEC.  162. 
Hours  of  business. 

Sec.  162.  From  the  first  day  of  October  until  the  first  day  of  April, 
in  each  year,  all  the  Bureaus  and  offices  in  the  State,  War,  Treasury. 
Navy,  and  Post-Office  Departments,  and  in  the  General  Land-Office, 
shall  be  open  for  the  transaction  of  the  public  business  at  least  ei<xht 
hours  in  ea<h  dav :  and  from  the  first  day  of  April  until  the  first  day 
of  October,  in  each  year,  at  least  ten  hours  in  each  day;  except  Sun- 
days and  days  declared  public  holidays  by  law. 

This  section  is  embracerl  in  Title  IV  of  the  Revised  Statutes,  the 
provisi(;ns  of  which  jire  made  niiplicnbla  to  the  Department  of  Agricul- 
ture by  act  February  9,  1889,  c.  122,  s.  1,  set  forth  on  p.  9,  ante. 

By  ;i  provision  of  act  March  .3,  1893.  c.  211,  s.  5,  set  forth  below,  not 
less  th:Mi  seven  hours  of  labor  ei.ch  day,  except  Sundays  and  public  holi- 
days, shall  be  required  of  all  clerks  and  omployees  of  the  departments. 

ACT  MARCH  3.  1893,  c.  211.      (27  Stat.  675.) 

Closing  departments  on  decease  of  ex-official  prohibited. 

Sec.  4.  That  hereafter  the  Executive  Departments  of  the  Govern- 
ment .shall  not  be  closed  as  a  mark  to  the  memory  of  any  deceased 
ex-official  of  the  United  States. 

Act  March  3,  1893,  c.  211,  s.  4.  27  Stat.  715. 

This  is  a  section  of  the  leRislntive,  executive,  and  judicial  appropria- 
tion act  for  the  fiscal  year  1894,  cited  above. 

Hours  of  labor  and  leaves  of  absence  of  clerks  and  other  employees  in  depart- 
ments. 

Sec.  5.  Hereafter  it  shall  be  the  duty  of  the  heads  of  the  several 
Executive  Departments,  in  the  interest  of  the  public  service,  to  re- 
quire of  all  clerks  and  other  employees,  of  whatever  grade  or  class, 
in  their  respective  Departments,  not  less  than  seven  hours  of  labor 
each  day,  except  Sundays  and  days  declared  public  holidays  by  law 
or  Executive  order:  Provided,  That  the  heads  of  the  Departments 
may,  by  special  order,  statinfr  the  reason,  further  extend  the  hours 
of  any  clerk  or  employee  in  their  Departments,  respectively;  but  in 
case  of  an  extension  it  shall  be  without  additional  compensation: 
Provided,  further.  That  the  head  of  any  Department  may  grant 
thirty  days'  anmial  leave  with  pay  in  any  one  year  to  each  clerk  or 
employee:  And.  provided  fvrther.  That  where  some  member  of  the 
immediate  family  of  a  clerk  or  employee  is  atllicted  with  a  con- 
tngioiis  disea.se  and  i-oquires  the  care  and  attendance  of  such  employee, 
or  wiiere  his  or  her  presence  in  the  Department  would  jeopardize  the 
liealth  of  fellow-clerks,  and  in  exceptional  and  meritorious  cases, 
where  a  clerk  or  employee  is  personally  ill,  and  where  to  limit  the 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  293 

ijiiiiiial  leave  to  thirty  days  in  any  one  calendar  year  would  work 
peculiar  hardship,  it  may  be  extended,  in  the  discretion  of  the  head 
of  the  Department,  with  pay,  not  exceeding  thirty  days  in  any  one 
case  or  in  any  one  calendar  year. 

This  section  shall  not  be  construed  to  mean  that  so  long  as  a  clerk 
or  employee  is  borne  upon  the  rolls  of  the  Department  in  excess  of 
the  time  herein  provided  for  or  granted  that  he  or  she  shall  be 
entitled  to  pay  during  the  period  of  such  excessive  absence,  but  that 
the  pay  shall  stop  upon  the  expiration  of  the  granted  leave. 

Hereafter  it  shall  be  the  duty  of  the  head  of  each  Executive  De- 
partment to  require  monthly  reports  to  be  made  to  him  as  to  the 
condition  of  the  public  business  in  the  several  bureaus  or  offices  of 
his  Department  at  Washington ;  and  in  each  case  where  such  reports 
disclose  that  the  public  business  is  in  arrears,  the  head  of  the  De- 

{)artment  in  which  such  arrears  exist  shall  require,  as  provided 
ierein,  an  extension  of  the  hours  of  service  to  such  clerks  or  em- 
ployees as  may  be  necessary  to  bring  up  such  arrears  of  public 
Dusmess. 

Hereafter  it  shall  be  the  duty  of  the  head  of  each  Executive  De- 
partment, or  other  Government  establishment  at  the  seat  of  govern- 
ment, not  under  an  Executive  Department,  to  make  at  the  expiration 
of  each  quarter  of  the  fiscal  year  a  written  report  to  the  President 
as  to  the  condition  of  the  public  business  in  his  Executive  Depart- 
ment or  Government  establishment,  and  whether  any  branch  thereof 
is  in  arrears. 

Act  March  3,  1893.  c.  211,  s.  5.  27  Stat.  715,  as  amended  by  act  March 
15,  1898.  c.  68.  s.  7,  30  Stat,  316, 

These  are  provisions  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1894,  cited  above,  as  amended  by  the 
similar  appropriation  net  for  the  fiscal  year  1899  also  cited.  Provisions 
relating  to  the  subject  of  this  section,  contained  in  the  similar  appropria- 
tion act  for  the  fiscal  year  1884,  jict  March  3,  1883,  c.  128,  s.  4,  22  Stat. 
563,  were  substantially  incorporated  in  said  act  March  3,  1893.  c.  211,  as 
originally  enacted. 

ACT  JULY  7.  1898,  c.  571.      (30  Stat.  652.) 

Annual  leave  of  absence,  notwithstanding  sick  leave. 

Nothing  contained  in  section  seven  of  the  Act  making  appropria- 
tions for  legislative,  executive,  and  judicial  expenses  of  the  Govern- 
ment for  the  fi.scal  year  eighteen  hundred  and  ninety-nine,  approved 
March  fifteenth,  eighteen  hundred  and  ninety-eight,  shall  be  con- 
strued to  prevent  the  head  of  any  Executive  Department  from  grant- 
ing thirty  days'  annual  leave  with  pay  in  any  one  year  to  a  clerk 
or  employee,  notwithstanding  such  clerk  or  employee  may  have  had 
during  such  \'ear  not  exceeding  thirty  days'  leave  with  pay  on  account 
of  sickness  as  provided  in  said  section  seven. 

Act  July  7,  1898,  c.  571.  s.  1,  30  Stat.  653. 

This  is  a  provision  of  the  deficiency  appropriation  act  for  the  fiscal 
year  1898,  cited  above. 

Section  7  of  act  ^Larch  15,  1898,  c.  68.  was  an  amendment  of  section  5 
of  the  legislative,  executive,  and  judicial  appropriation  act  for  the  fiscal 
year  1894,  act  March  3,  1893,  c.  211,  which,  as  amended,  is  set  forth  above. 

Purchase  of  recording  clocks  forbidden. 

*  *  *  That  no  recording  clocks  used  for  recording  time  of  clerks 
or  other  employees  shall  be  purchased  for  use  in  any  of  the  Executive 


294         LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

Departments  at   Washington,   District   of   Columbia,   except    from 
moneys  specifically  appropriated  therefor. 

Act  July  7,  1898,  c.  571,  s.  1,  30  Stat.  G55. 

This  is  a  proviso  annexed  to  an  appropi'iation  for  the  purchase  of  num- 
bering, etc.,  machines  in  the  act  cited  above. 

ACT  FEBRUARY  24,  1899,  c.  187.     (30  Stat.  846.) 
Use  of  recording  clocks  in  departments  forbidden. 

No  money  appropriated  by  this  Act  shall  be  used  for  expense  of 
repairing  recording  clocks  used  for  recording  time  of  clerks  or  other 
employees  in  any  of  the  Executive  Departments  at  Washington,  nor 
shall  there  hereafter  be  used  in  any  of  the  Executive  Departments 
at  Washington,  any  such  recording  clocks. 

Act  February  24,  1899,  c.  187,  s.  1,  30  Stat.  864. 

This  is  a  paragraph  of  the  legislative,  executive,  and  judicial  appro- 
piiation  act  fur  I  he  fiscal  year  1900,  cited  above. 

Annual  leave  of  absence,  exclusive  of  Sundays  and  holidays. 

*  *  *  That  the  thirty  days'  annual  leave  of  absence  with  pay 
in  any  one  year  to  clerks  and  employees  in  the  several  Executive 
Departments  authorized  by  existing  law  shall  be  exclusive  of  Sundays 
and  legal  holidays. 

Act  February  24,  1889,  c.  187,  s.  4,  30  Stat.  890. 

This  is  a  proviso  annexed  to  the  legislative,  executive,  and  judicial 
appropriation  act  for  the  fiscal  year  1900,  cited  above. 

EEV.  ST.  DISTRICT  OF  COLUMBIA,  SEC.  993. 
Holidays  in  District  of  Columbia. 

Sec.  993.  The  following  days,  namely :  The  first  day  of  January, 
commonly  called  New- Year's  day;  the  fourth  day  of  July;  the 
twenty-fifth  day  of  December,  commonly  called  Christmas  day ;  and 
any  day  appointed  or  recommended  by  the  President  of  the  United 
States  as  a  day  of  public  fast  or  thanksgiving,  .shall  be  holidays 
within  the  District,  [of  Columbia]    *    *    *. 

ACT  JANUARY  31,  1879,  c.  38.  An  act  to  amend  section  nine  bunilroil  and 
ninoty-three  of  the  Kevi.sed  Statutes  of  the  United  States  for  the  District  of 
Columbia,  so  as  to  make  the  twenty-second  day  of  February  a  holiday  within 
said  District.     (20  Stat.  277.) 

Washington's  birthday  a  legal  holiday  in  District  of  Columbia. 

That  .section  nine  hundred  and  ninety-three  of  the  Revised  Statutes 
of  the  United  States  relating  to  the  District  of  Columbia  be,  and 
the  same  hereby  is,  amended  by  adding  to  the  days  therein  declared 
to  be  holidays  within  the  District  the  twent3'-second  day  of  Feb- 
ruary;   *    *    *, 

Act  January  31,  1879,  c.  38,  20  Stat.  277. 

ACT  JUNE  18,  1888,  c.  391.  An  act  to  aniLMul  section  nine  linmlriHl  and  nlnety- 
tliriH'  of  I  he  Hcvi.seil  Statutes  of  the  United  States  for  the  District  of  Co- 
luniliia,  so  as  to  make  Inauguration  Day  a  holiday  within  said  District. 
(25  Stat.  186.) 

Inauguration  Day  a  legal  holiday  in  District  of  Columbia. 

That  section  nine  hundred  and  ninety-three  of  the  Revised  Statutes 
of  the  United  States,  relating  to  the  District  of  Columbia,  be,  and 


OFFICERS,    CLERKS,   AND   EMPLOYEES.  295 

the  same  hereby  is,  amended,  by  adding  to  the  days  therein  declared 
to  be  lioli(hivs  within  the  said  District,  that  day  upon  which  the 
President  of  the  United  States  is  inaugurated,  otlierwise  called 
Inauguration  Day,  and  that  such  day  shall  bo  a  holiday  for  all  the 
purposes  mentioned  in  said  section. 

Act  June  IS.  J8SS,  c.  393,  25  Stat.  185. 

ACT  AUGUST  1.  1888,  c.  723.  An  act  making  May  thirtiotli  a  holiday  in  the 
District  of  Columbia.     (25  Stat.  353.) 

Decoration  Day  a  legal  holiday  in  District  of  Columbia. 

That  the  thirtieth  day  of  May  in  each  year,  usually  called  "  Decora- 
tion Day,'-  shall  be.  and  hereby  is,  made  a  holiday  within  the  District 
of  Columbia  as  fully  in  all  respects  as  are  the  days  mentioned  as 
holidays  in  section  nine  hundred  and  ninety-three  of  the  Revised 
Statutes  of  the  District  of  Columbia. 

Act  August  1,  1888,  c.  723,  25  Stat.  353. 

ACT  JUNE  28.  1894.  c.  118.  An  act  making  Labor  Day  a  legal  holiday.  (28 
Stat.  9Ci.) 

Labor  Day  a  legal  holiday. 

That  the  first  ^Monday  of  September  in  each  year,  being  the  day 
celel^rated  and  known  as  Labor's  Holida}',  is  hereby  made  a  legal 
public  holiday,  to  all  intents  and  purposes,  in  the  same  manner  as 
Christinas,  the  first  day  of  January,  the  twenty-second  day  of  Feb- 
ruar}',  the  thirtieth  day  of  May,  and  the  fourth  day  of  July  are  now 
made  by  law  public  holidays. 

Act  June  28,  1894,  c.  118,  28  Stat.  96. 

ACT  DECEMBER  20,  1881,  c.  2.  An  act  to  amend  section  nine  hundred  and 
ninety-three  of  the  Revised  Statutes  of  the  United  States  for  the  District  of 
Columbia,  and  an  act  entitled  "An  act  to  amend  section  nine  hundred  and 
ninety-three  of  the  Revised  Statutes  of  the  United  States  for  the  District  of 
Columbia."  approved  January  thirty-first,  eighteen  hundred  and  seventy- 
nine.     (22  Stat.  1.) 

Legal  holidays  in  District  of  Columbia  falling  on  Sunday. 

That  whenever  any  day  set  apart  as  a  legal  holiday  within  the 
District  of  Columbia  shall  fall  on  the  first  day  of  the  week,  commonly 
called  Sunday,  then  and  in  such  event  the  day  next  succeeding  shall 
be  a  holiday  within  the  District  of  Columbia,     *     *     * 

Act  December  20,  ISSl,  c.  2,  22  Stat.  1. 

RES.  JANUARY  6,  1885,  No.  5.  Joint  resolution  providing  for  the  payment 
of  laborers  in  Government  employ  for  certain  holidays.     (23  Stat.  516.) 

Holidays  allowed  to  per  diem  employees. 

That  the  employees  of  the  Navy  Yard,  Government  Printing  OflBce, 
Bureau  of  Printing  and  Engraving,  and  all  other  per  diem  employees 
of  the  Government  on  duty  at  Washington,  or  elsewhere  in  the  United 
States,  shall  be  allowed  the  following  holidays,  to  wit :  The  first  day 
of  January,  the  twenty-second  day  of  February,  the  fourth  day  of 
July,  the  twenty-fifth  day  of  December,  and  such  davs  as  may  be 
designated  by  the  President  as  days  for  national  thanksgiving,  and 
shall  receive  the  same  pay  as  on  other  days. 

Res.  January  6,  1885,  No. 


296 


LAWS  APPLICABLE   TO  DEPABTMENT   OF  AGEICULTUEE. 


EES.  FEBRUARY  23,  1887,  No.  6.  Joint  resolution  providing  for  the  payment 
of  per  diem  laborers  in  Government  employ  on  "  Memorial "  or  "  Decora- 
tion Day."  and  the  Fourth  day  of  July,  of  each  year,  as  on  other  days. 
(24  Stat.  644.) 

Holidays  allowed  to  per  diem  employees. 

That  all  per  diem  employees  of  the  Government,  on  duty  at  Wash- 
ino^ton  or  elsewhere  in  the  United  States,  shall  be  allowed  the  da}"  of 
each  year,  which  is  celebrated  as  "  Memorial  "  or  "  Decoration  Day  " 
and  the  fourth  of  July  of  each  year,  as  holiday,  and  shall  receive  the 
same  pay  as  on  other  days. 

Res.  February  23,  1887,  No.  6,  24  Stat  Wi. 

REV.   ST.  SEC.   1757. 

Oath  of  office. 

Sec.  1757.  AMienever  any  person  who  is  not  rendered  ineligible  to 
office  by  the  provisions  of  the  fourteenth  amendment  to  the  Consti- 
tution is  elected  or  appointed  to  any  office  of  honor  or  trust  under 
the  Government  of  the  United  States,  and  is  not  able,  on  account  of 
his  participation  in  the  late  rebellion,  to  take  the  oath  prescribed  in 
the  preceding  section,  he  shall,  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  in  lieu  of  that  oath  the  following  oath: 
"  I,  A  B,  do  solemnly  swear  (or  affirm)  that  I  will  support  and  de- 
fend the  Constitution  of  the  United  States  against  all  enemies,  for- 
eign and  domestic;  that  I  will  bear  true  faith  and  allegiance  to  the 
same;  that  I  take  this  obligation  freely,  without  any  mental  reserva- 
tion or  purpose  of  evasion ;  and  that  I  will  well  and  faithfully  dis- 
charge the  duties  of  the  office  on  which  I  am  about  to  enter.  So  help 
me  God." 

ACT  MAY  13,  1884,  c.  46.      (23  Stat.  21.) 
Form  of  oath  of  office. 

Sec.  2.  That  section  seventeen  hundred  and  fifty-six  of  the  Revised 
Stjitutes  be,  and  the  same  is  hereby,  repealed;  and  hereafter  the  oath 
to  be  taken  by  any  person  elected  or  appointed  to  any  office  of  honor 
or  profit  either  in  the  civil,  military,  or  naval  service,  except  the 
President  of  the  United  States,  shall  be  as  prescribed  in  section  sev- 
enteen hundred  and  fifty-seven  of  the  Revised  Statutes.  But  this 
repeal  .shall  not  afl'ect  the  oaths  prescribed  by  existing  statutes  in  rela- 
tion to  the  performance  of  duties  in  special  or  particular  sub-ordinate 
offices  and  eniployjnents. 

Act  May  13,  1884,  c.  46,  s.  2,  28  Stat.  22. 

This  is  a  portion  of  "An  act  aniondiiii:  the  Koviso<l  Statutes  of  the 
United  Sl.ites  In  respect  of  otticial  oaths,  and  for  other  puriwses."  cited 
above. 

REV.  ST.   SEC.   1758. 

Who  may  administer  oath  of  office. 

Sec.  17.58.  The  oath  of  office  required  by  either  of  the  two  preced- 
ing sections  may  be  taken  before  any  officer  who  is  authorized  either 
by  the  laws  of  the  United  States,  or  by  the  local  municipal  law,  to 
administer  oaths,  in  the  State,  Territory,  or  District  where  such  oath 
may  bo  administered. 

Tli<>  two  jn-cccNlinn  soc'tlons  rofcrrcd  to  in  this  section  aro  Mow  St.  sees. 
IIM  and  17.">7.  Uo\ .  St.  sec.  1757  is  set  forth  above,  and  Rev.  St.  sec. 
MUi\  Is  repealed  by  a^i  Mny  13,  18S4.  c.  46.  s.  2.  set  forth  above. 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  297 

ACT  AUGUSr  29,  1890,  c.  820.      (26  Stat.  370.) 

Oaths  of  office  to  be  administered  without  compensation;  chief  clerks  of  depart- 
ments authorized  to  administer  oaths  of  office. 

*     *     *     And  no  officer,  clerk,  or  employee  of  any  executive  de- 
I  partnienL  who  is  also  a  notary  public  or  other  officer  authorized  to 
administer  oaths,  shall  charge  or  receive  any  fee  or  compensation  for 
administering  oaths  of  office  to  employees  of  such  department  re- 
quired to  be  taken  on  appointment  or  promotion  therein. 

And  the  Chief  Clerks  of  the  several  Executive  Departments  and 
of  the  various  bureaus  and  offices  thereof  in  Washington,  District  of 
I  Columbia,  are  hereby  authorized  and  directed,  on  application  and 
without  compensation  therefor,  to  administer  oaths  of  office  to  em- 
ployees required  to  be  taken  on  their  appointment  or  promotion. 

Act  August  29,  1890,  c.  S20,  26  Stat.  371. 

ACT  AUGUST  24,  1912,  c.  355.     (37  Stat.  417.) 

Government  officials  required  to  administer  oaths  to  accounts  for  travel,  etc.; 
fees  forbidden. 

Sec.  8.  After  June  thirtieth,  nineteen  hundred  and  twelve,  post- 
masters, assistant  postmasters,  collectors  of  customs,  collectors  of 
internal  revenue,  chief  clerks  of  the  various  executive  departments 
and  bureaus,  or  clerks  designated  by  them  for  the  purpose,  the  super- 
intendent, the  acting  superintendent,  custodian,  and  principal  clerks 
of  the  various  national  parks  and  other  Government  reservations, 
superintendent,  acting  superintendents,  and  principal  clerks  of  the 
different  Indian  superintendencies  or  Indian  agencies,  and  chiefs  of 
field  parties,  are  required,  empowered,  and  authorized,  when  re- 
quested, to  administer  oaths,  required  by  law  or  otherwise,  to 
accounts  for  travel  or  other  expenses  against  the  United  States,  with 
like  force  and  eii'ect  as  officers  having  a  seal;  for  such  services  when 
so  rendered,  or  when  rendered  on  demand  after  said  date  by  notaries 
public,  who  at  the  time  are  al.so  salaried  officers  or  employees  of  the 
United  States,  no  charge  shall  be  made;  and  on  and  after  July  first, 
nineteen  hundred  and  twelve,  no  fee  or  money  paid  for  the  services 
herein  described  shall  be  paid  or  reimbursed  by  the  United  States. 

Act  August  24,  1912,  c.  355,  s.  8,  37  Stat.  487. 

This  section  is  ti  part  of  the  suiulry  civil  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 

EEV.  ST.  SEC.   1759. 
Custody  of  oath  of  office. 

Sec.  1759.  The  oath  of  office  taken  by  any  person  pursuant  to  the 
requirements  of  section  seventeen  hundred  and  fifty-six,  or  of  section 
seventeen  hundred  and  fifty-seven,  shall  be  delivered  in  by  him  to 
be  preserved  among  the  files  of  the  House  of  Congress,  Department, 
or  court  to  which  the  office  in  respect  to  which  the  oath  is  made  may 
appertain. 

See  note  under  Rev.  St.  sec.  175S,  set  forth  above. 

REV.  ST.  SEC.  183. 

Officers  or  clerks  investigating  frauds  authorized  to  administer  oaths. 

Sec,  183.  Any  officer  or  clerk  of  any  of  the  departments  lawfully 
detailed  to  investigate  frauds  on,  or  attempts  to  defraud,  the  Govern- 
ment, or  any  irregularity  or  misconduct  of  any  officer  or  agent  of  the 


298         LAWS  APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

United  States,  *  *  *  shall  have  authority  to  administer  an  oath 
to  any  witness  attending  to  testify  or  depose  in  the  course  of  such 
investigation. 

This  section  is  amended  to  read  as  above  bv  act  March  2,  1901,  c.  809, 
8.  3,  31  Stat.  951,  and  act  Febrnai-j-  13,  1911,  c.  43,  36  Stat.  898. 

REV.  ST.  SEC.  1778. 

Taking  oaths,  acknowledgments,  etc. 

Sec.  1778.  In  all  cases  in  which,  under  the  laws  of  the  United 
States,  oaths  or  acknowledgments  may  now  be  taken  or  made  before 
any  justice  of  the  peace  of  any  State  or  Territory,  or  in  the  District 
of  Columbia,  they  may  hereafter  be  also  taken  or  made  by  or  before 
any  notary  public  duly  appointed  in  any  State,  district,  or  Territory, 
or  any  of  the  commissioners  of  the  circuit  courts,  and,  when  certified 
under  the  hand  and  official  seal  of  such  notary  or  commissioner,  shall 
have  the  same  force  and  effect  as  if  taken  or  made  by  or  before  such 
justice  of  the  peace. 

ACT  AUGUST  13,  1894,  c.  282.  An  act  relative  to  recognizances,  stipnlations, 
bond.s,  !uul  iindertalviujjs,  and  to  allow  certain  corporations  to  be  accepted 
as  surety  thereon.     (28  Stat.  279.) 

That  whenever  any  recognizance,  stipulation,  bond,  or  undertaking 
conditioned  for  the  faithful  performance  of  any  duty,  or  for  doing 
or  refraining  from  doing  anything  in  such  recognizance,  stipulation, 
bond,  or  undertaking  sj^ecified,  is  by  the  laws  of  the  United  States 
recjuired  or  permitted  to  be  given  with  one  surety  or  with  two  or 
more  sureties,  the  execution  of  the  same  or  the  guaranteeing  of  the 
performance  of  the  condition  thereof  shall  be  sufficient  when  executed 
or  guaranteed  solely  by  a  corporation  incorporated  under  the  laws  of 
the  United  States,  or  of  any  State  having  power  to  guarantee  the 
fidelity  of  persons  holding  positions  of  public  or  private  trust,  and  to 
execute  and  guarantee  bonds  and  undertakings  in  judicial  proceed- 
ings :  Provided^  That  such  recognizance,  stipulation,  bond,  or  under- 
taking be  approved  by  the  head  of  department,  *  *  *  officer, 
lH)ard,  or  body  executive,  *  *  *  required  to  approve  or  accept 
the  same.  But  no  officer  or  person  having  the  approval  of  any  bond 
shall  exact  that  it  shall  be  furnished  by  a  guarantee  company  or  by 
any  particular  guarantee  company. 

Act  August  13,  1894,  c.  282,  s.  1,  28  Stat.  279. 

ACT  AUGUST  5.  1909,  c.  7.      (36  Stat.   118.) 

Premium  on  surety  bonds  for  officers  or  employees,  limited;  no  payment  of 
premium,  etc.,  by  Government. 

Until  otherwise  nrovidod  by  law  no  bond  shall  be  accepted  from 
any  surety  or  bonding  company  for  any  officer  or  employee  of  the 
United  States  which  shall  cost  more  than  thirty-five  per  centum  in 
excess  of  tiie  rate  of  premium  charged  for  a  like  bond  during  the 
cak'iidar  year  nineteen  hundroil  ami  iy\^^\\i'.  Provided^  That  here- 
after the  United  States  shall  not  pay  any  part  of  the  premium  or 
other  cost  of  furnishing  a  l)on(l  recjuired  by  law  or  otherwise  of  any 
officer  or  employee  of  tiie  United  States. 

Act  Aiigust  n,  1909,  c.  7,  36  Slat.  125. 
Tills  Is  a  paragraph  of  the  urgent  deficiency  appropriation  act  for  the 
fiscal  year  1909.  cited  above. 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  299 

ACT  MARCH  2.   1895.  c.   177.      (28  Stat.  764.) 
Examination  and  renewal  of  official  bonds. 

Hereafter  every  officer  required  by  law  to  take  and  approve  official 
bonds  shall  cause  the  same  to  be  examined  at  least  once  every  two 
years  for  the  purpose  of  ascertaining  the  sufficiency  of  tlie  sureties 
thereon;  and  every  officer  having  power  to  fix  the  amount  of  an  offi- 
cial bond  shall  examine  it  to  ascertain  the  .sufficiency  of  the  amount 
thereof  and  approve  or  fix  said  amount  at  least  once  in  two  years 
and  as  much  oftener  as  he  may  deem  it  necessary. 

Hereafter  every  officer  whose  duty  it  is  to  take  and  approve  official 
bonds  shall  cause  such  bonds  to  l>e  renewed  every  four  years  after 
their  dates,  but  he  may  require  such  bonds  to  be  renewed  or  strength- 
ened oftener  if  he  deems  such  action  necessary.  In  the  discretion  of 
such  officer  the  requirement  of  a  new  bond  may  be  waived  for  the 
period  of  service  of  a  bonded  officer  after  the  expiration  of  a  four- 
year  term  of  service  pending  the  appointment  and  qualification  of  his 
successor:  Provided,  That  the  nonperformance  of  any  requirement 
of  this  section  on  the  part  of  any  official  of  the  Government  shall  not 
be  held  to  affect  in  an}'  respect  the  liability  of  principal  or  sureties 
on  any  bond  made  or  to  be  made  to  the  United  States:  Provided 
further.  That  the  liability  of  the  principal  and  sureties  on  all  official 
bonds  shall  continue  and  cover  the  period  of  service  ensuing  until 
the  appointment  and  qualification  of  the  successor  of  the  prin- 
cipal:    *     *     * 

Act  March  2,  1895,  c.  177,  s.  5.  28  Stat.  807. 

These  are  provisions  of  the  legishitive,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1806.  cited  above. 

,ACT  MARCH  4,  1909,  c.  321.     (35  Stat.   1088.) 
Conspiring  to  prevent  officer  from  performing  duties;  punishment. 

Sec.  21.  If  two  or  more  persons  in  any  State,  Territory,  or  Dis- 
trict conspire  to  prevent,  by  force,  intimidation,  or  threat,  any  person 
from  accepting  or  holding  any  office,  trust,  or  place  of  confidence 
under  the  United  States,  or  from  discharging  any  duties  thereof;  or 
to  induce  by  like  means  any  officer  of  the  United  States  to  leave  any 
State,  Territory,  District,  or  place,  where  his  duties  as  an  officer  are 
required  to  be  performed,  or  to  injure  him  in  his  person  or  property 
on  account  of  his  lawful  discharge  of  the  duties  of  his  office,  or  while 
engaged  in  the  lawful  discharge  thereof,  or  to  injure  his  property  so 
as  to  molest,  interrupt,  hinder,  or  impede  him  in  the  discharge  of  his 
official  duties,  each  of  such  persons  shall  be  fined  not  more  than  five 
thousand  dollars,  or  imprisoned  not  more  than  six  years,  or  both. 

Act  March  4,  1909,  c.  321,  s.  21,  35  Stat.  1092. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  provi- 
sions of  Rev.  St.  sec.  5518,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Falsely  pretending  to  be  United  States  officer;  punishment. 

Sec.  32.  Whoever,  with  intent  to  defraud  either  the  United  States 
or  any  per.son,  shall  falsely  assume  or  pretend  to  be  an  officer  or 
employee  acting  under  the  authority  of  the  United  States,  or  any 
Department,  or  any  officer  of  the  Government  thereof,  and  shall 
take  upon  himself  to  act  as  such,  or  shall  in  such  pretended  character 


300         LAWS   APPLICABLE   TO   DEPARTME^'T   OF   AGRICULTURE. 

demand  or  obtain  from  any  person  or  from  the  United  States,  or  any 
Department,  or  any  officer  of  the  Government  thereof,  any  money, 
paper,  document,  or  other  valuable  thing,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  not  more  than  three  years, 
or  both. 

Act  Mjirch  4,  15)09.  e.  321,  s.  32,  35  Stat.  1095.  , 

This  is  a   .«i'cti<)U  of  "'An  act  to  codify,  revise,  and  amend  the  penal 

laws  of  (he  I'nited  States."  cited  above,  incorporating  therein  provisions 

of  Rev.  St.  sec.  .543S.  and  act  April  18,  1884,  c.  26.  23  Stat.  11.     Said  Rev. 

St.  stH-.  MS.s  and  act  April  18,  1884,  are  expressly  repealed  l>y  sei^ion  341 

of  this  act. 

Bribery  of  officer  of  United  States;  punishment. 

Sec.  39.  lAHioever  shall  promise,  offer,  or  give,  or  cause  or  pro- 
cure to  be  promised,  offered,  or  given,  any  money  or  other  thing  of 
vahie,  or  shall  make  or  tender  any  contract,  undertaking,  obligation, 
gratuity,  or  security  for  the  payment  of  money,  or  for  the  delivery  or 
conveyance  of  anything  of  value,  to  any  officer  of  the  United  States, 
or  to  any  person  acting  for  or  on  behalf  of  the  United  States  in  any 
official  function,  under  or  by  authority  of  any  department  or  office  of 
the  Government  thereof,  or  to  any  officer  or  person  acting  for  or  on 
behalf  of  either  House  of  Congress,  or  of  any  committee  of  either 
Hou.se,  or  both  Houses  thereof,  with  intent  to  influence  his  decision  or 
action  on  any  question,  matter,  cause,  or  proceeding  which  may  at 
any  time  be  pending,  or  which  may  by  law  be  brought  before  him  in 
his  official  capacity,  or  in  his  place  of  trust  or  profit,  or  with  intent  to 
influence  him  to  commit  or  aid  in  committing,  or  to  collude  in.  or 
allow,  any  fraud,  or  make  opportunity  for  the  commission  of  any 
fraud,  on  the  United  States,  or  to  induce  him  to  do  or  omit  to  do  any 
act  in  violation  of  his  lawful  duty,  shall  be  fined  not  more  than  three 
times  the  amount  of  money  or  value  of  the  thing  so  offered,  promised, 
given,  nuule,  or  tendered,  or  caused  or  procured  to  be  so  offered, 
promised,  given,  made,  or  tendered,  and  imprisoned  not  more  than 
three  years. 

Act  .March  4.  1909,  .\  321,  s.  39,  35  Stat.  1095. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  (if  (ho  United  States,"  cited  above,  incorporating  therein  the  provi- 
Blnns  of  Rev.  Kt.  sec.  .'i451,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Extortion  by  officials:   punishment. 

Sec.  85.  Every  officer,  clerk,  agent,  or  employee  of  the  United 
States,  and  every  person  representing  himself  to  be  or  assuming  to 
act  as  such  officer,  clerk,  agent,  or  employee,  who.  under  color  of  his 
office,  clerkship,  agency,  or  employment,  or  under  color  of  his  pre- 
tended or  assumed  office,  clerkship,  agency,  or  employment,  is  guilty 
of  exl()r(iou.  and  every  person  who  shall  nitempt  any  act  which 
if  perfornu'd  would  make  him  guilty  of  extortion,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. 

Act  March  4.  1909.  c.  321.  s.  S5,  35  Stat.  1104. 

This  is  a  .section  of  ",\n  act  to  codify,  revise,  and  amend  the  jienal 
laws  of  the  I'liKcd  States."  cit«'d  above,  incorporating  therein  the  provl- 
slotis  of  Rev.  St.  s(H\  5481  as  jimended  by  act  .Tune  28.  1900.  c.  3574,  34 
.Stilt.  .'V4<5.  which  siiid  s«'ciioii  Is  e.\|'rossly  repealed  by  se.-tion  .'541  of  this 
net. 


OFFICERS,    CLERKS,    AND   EMPLOYEES.  301 

Tailure  to  make  returns  or  reports;  punishment. 

Sec.  101.  Evei-y  officer  who  neglects  or  refuses  to  make  any  return 
or  report  which  he  is  required  to  make  at  stated  times  by  any  Act  of 
Congress  or  regulation  of  the  Department  of  the  Treasury,  other 
than  his  noconnts,  within  the  time  prescribed  by  such  Act  or  regula- 
tion, shall  be  fined  not  more  than  one  thousand  dollars. 

'Act  March  4.  IfiOO.  c.  321,  s.  101,  35  Stat.  1107. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
Jaws  of  the  United  States,"  cited  above,  incorporating  therein  Rev.  St. 
sec.  1780,  which  said  section  is  expressly  repealed  by  section  341  of  this 
act. 

Purchasing  court  fees  at  less  than  face  value;  punishment. 

Sec.  104.  Whoever,  being  a  judge,  clerk,  or  deputy  clerk  of  any 
court  of  the  United  States,  or  of  any  territory  thereof,  or  a  United 
States  district  attorney,  assistant  attorney,  marshal,  deputy  marshal, 
commissioner,  or  other  person  holding  any  office  or  employment,  or 
position  of  trust  or  profit  under  the  Government  of  the  United  States 
shall,  either  directly  or  indirectly,  purchase  at  le.ss  than  the  full  face 
value  thereof,  any  claim  against  the  United  States  for  the  fee, 
mileage,  or  expenses  of  any  witness,  juror,  deputy  marshal,  or  any 
other  officer  of  the  court  whatsoever,  shall  be  fined  not  more  than 
one  thousand  dollars. 

Act  March  4.  1909,  c.  321,  s.  104,  35  Stat.  1107. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  Fnited  States,"  cited  above,  incorporating  therein  the  provi- 
sions of  act  February  25,  1807,  c.  316,  29  Stat.  595.  which  said  act  is 
expressly  repealed  by  section  341  of  this  act. 

False  certificate  or  writing;  punishment. 

Sec.  106.  ^^Hioever,  being  a  public  officer  or  other  person  author- 
ized by  any  law  of  the  United  States  to  make  or  give  a  certificate 
or  other  writing,  shall  knowingly  make  and  deliver  as  true  such  a 
certificate  or  writing,  containing  any  statement  which  he  knows  to 
be  false,  in  a  case  where  the  punishment  thereof  is  not  elsewhere 
expressly  provided  by  law,  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

Act  March  4,  1909.  c.  321,  s.  106,  35  Stat.  1107. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above. 

Officers  interested  in  claims  against  United  States;   punishment. 

Sec.  109.  AAlioever,  being  an  officer  of  the  United  States,  or  a  per- 
son holding  any  place  of  trust  or  profit,  or  discharging  any  official 
function  under,  or  in  connection  with,  any  Executive  Department  of 
the  Government  of  the  United  States,  or  under  the  Senate  or  House 
of  Eepresentatives  of  the  United  States,  shall  act  as  an  agent  or 
attorney  for  pro.secuting  any  claim  against  the  United  States,  or  in 
any  manner,  or  by  any  means,  otherwise  than  in  discharge  of  his 
proper  official  duties,  shall  aid  or  assist  in  the  prosecution  or  sup- 
port of  anv  such  claim,  or  receive  any  gratuity,  or  any  .share  of  or 
interest  in* anv  claim  from  any  claimant  against  the  United  States, 
with  intent  to  aid  or  as.sist,  or  in  consideration  of  having  aided  or 
assisted,  in  the  prosecution  of  such  claim,  shall  be  fined  not  more 


302         J.AWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

than  five  thousand  dollars,  or  impriaoned  not  more  than  one  year, 
or  both. 

Act  Jlareh  4,  VMi),  c.  ai:l,  j^.  lUU,  35  Stat.  1107. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  Slates,"  cited  above,  incorporating  therein  the  provi- 
sions of  Kev.  St.  sec.  5498.  which  said  section  is  expressly  repealed  by 
section  341  of  this  act 

Kev.  St.  sec.  IHO,  set  forth  on  p.  304,  post,  provides  that  it  shall  be  un- 
lawful for  any  person  formerly  emijloyed  in  any  of  the  departments  to  act 
as  counsel,  etc.,  for  prosecuting  any  claim  against  the  United  States  pend- 
ing while  he  was  so  employed,  or  aid  in  the  prosecution  of  such  claim 
within  two  years  after  he  has  ceased  to  be  so  employed. 

Member  of  Congress  or  oflScer  or  agent  of  the  United  States  taking  consideration 
for  procuring,  etc.,  contract,  office,  etc.,  from  officer  or  department;  offering, 
giving,  etc.,  consideration  to  procure,  etc.,  contract,  office,  etc.;  punishment; 
such  contracts  voidable. 

Sec.  112.  Whoever,  being  elected  or  appointed  a  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after  his 
election  or  appointment  and  either  before  or  after  he  has  qualified 
and  during  his  continuance  in  office,  or  being  an  officer  or  agent  of  the 
United  States,  shall  directly  or  indirectly  take,  receive,  or  agree  to 
receive,  from  any  person,  any  money,  property,  or  other  valuable  con- 
sideration whatever,  for  procuring,  or  aiding  to  procure,  any  contract, 
appointive  office,  or  place  from  the  United  States  or  from  any  officer 
or  Department  thereof,  for  any  person  whatever,  or  for  giving  any 
such  contract,  appointive  office,  or  place  to  any  person  whomsoever; 
or  whoever,  directly  or  indirectly,  shall  offer,  or  agree  to  give,  or  shall 
give,  or  bestow,  any  money,  property,  or  other  valuable  consideration 
whatever,  for  the  procuring,  or  aiding  to  procure,  any  such  contract, 
appointive  office,  or  place,  .shall  be  fined  not  more  than  ten  thousand 
dollars  and  imprisoned  not  more  than  two  years;  and  shall,  moreover, 
be  disqualified  from  holding  any  office  of  honor,  profit,  or  trust  under 
the  Government  of  the  United  States.  Any  such  contract  or  agree- 
ment may,  at  the  option  of  the  President,  be  declared  void. 

Act  March  4,  1909.  c.  321,  s.  112,  35  Stat.  1108. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cite<l  above,  incorporating  therein  the  provi- 
sit)ns  of  Rev.  St.  sec.  1781,  which  section  is  expressly  repealed  by  section 
i)41  of  this  act. 

Member  of  Congiess  or  officer  or  clerk  of  United  States  receiving,  etc.,  pay  in 
matters  affecting  United  States;  punishment. 

Sec.  113.  Whoever,  being  elected  or  appointed  a  Senator,  Member 
of  or  Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after 
his  electi<m  or  appointment  and  either  before  or  after  he  has  quali- 
fied, anil  during  his  continuance  in  office,  or  being  the  head  of  a  de- 
partment, or  other  officer  or  clerk  in  the  employ  of  the  United  States, 
shall,  directly  or  indirectly,  receive,  or  agree  to  receive,  any  compensa- 
tion whatever  for  any  services  rendered  or  to  be  rendeed  to  any 
j)er.son,  either  by  him.self  or  another,  in  relation  to  any  proceeding, 
contract,  claim,  controversy,  charge,  accusation,  arrest,  or  other  mat- 
ter or  thing  in  which  the  United  States  is  a  party  or  directly  or  indi- 
rectly interested,  before  any  department,  court-martial,  bureau,  officer, 
or  any  civil,  military,  or  naval  commission  whatever,  shall  be  fined 
not  more  than  ten  thousand  dollars  and  imprisoned  not  more  than 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  303 

two  years;  and  shall,  moreover,  thereafter  be  incapable  of  holding  any 
office  of  honor,  trust,  or  profit  under  the  Government  of  the  United 
States. 

Ack  March  4,  1909,  c.  321,  s.  113,  35  Stat.  1109. 

This  is  :i  section  of  "An  act  to  cotlify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incoriK)rating  therein  the  provi- 
sions of  Kev.  St.  sec.  1782,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

OfBcers  of  United  States  accepting  bribe. 

Sec.  117.  Whoever,  being  an  officer  of  the  United  States,  or  a 
person  acting  for  or  on  behalf  of  the  United  States,  in  any  official 
capacity,  under  or  by  virtue  of  the  authority  of  any  department  or 
office  of  the  Government  thereof;  or  whoever,  being  an  officer  or  per- 
son acting  for  or  on  behalf  of  either  House  of  Congress,  or  of  any 
committee  of  either  House,  or  of  both  Houses  thereof,  shall  ask, 
accept,  or  receive,  an}-^  money,  or  any  contract,  promise,  undertaking, 
obligation,  gratuity,  or  security  for  the  payment  of  money,  or  for  the 
delivery  or  conveyance  of  anything  of  value,  with  intent  to  have  his 
decision  or  action  on  any  question,  matter,  cause,  or  proceeding  which 
may  at  any  time  be  pending,  or  which  may  by  law  be  brought  before 
him  in  his  official  capacity,  or  in  his  place  of  trust  or  profit,  in- 
fluenced thereby,  shall  be  fined  not  more  than  three  times  the  amount 
of  money  or  value  of  the  thing  so  asked,  accepted,  or  received,  and 
imprisoned  not  more  than  three  years;  and  shall,  moreover,  forfeit 
his  office  or  place  and  thereafter  be  forever  disqualified  from  holding 
any  office  of  honor,  trust,  or  profit  under  the  Government  of  the 
United  States. 

Act  March  4,  1909,  c.  .321,  s.  117,  35  Stat.  1109. 

This  is  a  section  of  "Au  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  provi- 
sions of  Rev.  St.  sees.  5501  and  5502,  which  sections  are  expressly  repealed 
by  section  .341  of  this  act. 

Officers  or  employees  giving  advance  information  of  crop  reports;  punishment; 
actual  knowledge  required. 

Sec.  123.  AVlioever,  being  an  officer  or  employee  of  the  United 
States  or  a  person  acting  for  or  on  behalf  of  the  United  States  in  any 
capacity  under  or  by  virtue  of  the  authority  of  any  department  or 
office  thereof,  and  while  holding  such  office,  employment,  or  position 
shall,  by  virtue  of  the  office,  employment,  or  position  held  by  him, 
become  possessed  of  any  information  which  might  exert  an  influence 
upon  or  affect  the  market  value  of  any  product  of  the  soil  grown 
within  the  United  States,  which  information  is  by  law  or  by  the  rules 
of  the  department  or  office  required  to  be  withheld  from  publication 
until  a  fi.xed  time,  and  shall  willfully  impart,  directly  or  indirectly, 
such  information,  or  any  part  thereof,  to  any  person  not  entitled 
under  the  law  or  the  rules  of  the  department  or  office  to  receive  the 
same;  or  shall,  before  such  information  is  made  public  through  regu- 
lar official  channels,  directly  or  indirectly  speculate  in  any  such  prod- 
uct respecting  which  he  has  thus  become  possessed  of  such  informa- 
tion, by  buying  or  selling  the  same  in  any  quantity,  shall  be  fined  not 
more  than  ten  thousand  dollars,  or  imprisoned  not  more  than  ten 
years,  or  both :  Provided^  That  no  person  shall  be  deemed  guilty  of  a 


304         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

violation  of  any  such  rule,  unless  prior  to  such  alleged  violation  he 
shall  have  had  actual  knowledge  thereof. 

Act  M.ircb  4,  1909,  c.  .321,  s.  123,  35  Stat.  1110. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above. 

Officer  or  employee  issuing  false  crop  reports;  punishment. 

Sec.  124.  Whoever,  being  an  officer  or  employee  of  the  United 
States  and  whose  duties  require  the  compilation  or  report  of  statistics 
or  information  relative  to  the  products  of  the  soil,  shall  knowingly 
compile  for  issuance,  or  issue,  any  false  statistics  or  information  as  a 
report  of  the  United  States,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Act  March  4,  1909,  c.  321,  s.  124,  35  Stat.  1111. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above. 

Bribery  of  officer  authorized  to  determine  any  question,  etc.;  punishment. 

Sec,  131.  Whoever,  directly  or  indirectly,  shall  give  or  offer,  or 
cause  to  be  given  or  offered,  any  money,  property,  or  value  of  any 
kind,  or  any  promise  or  agreement  therefor,  or  any  other  bribe,  to 
any  judge,  judicial  officer,  or  other  person  authorized  by  any  law 
of  the  United  States  to  hear  or  determine  any  question^  matter,  cause, 
proceeding,  or  controversy,  with  intent  to  influence  his  action,  vote, 
opinion,  or  decision  thereon,  or  because  of  any  such  action,  vote, 
opinion,  or  decision,  shall  be  fined  not  more  than  twenty  thousand 
dollars,  or  imprisoned  not  more  than  fifteen  years,  or  both;  and  shall 
forever  be  disqualified  to  hold  any  office  of  honor,  trust,  or  profit 
under  the  United  States. 

Act  March  4,  1909,  c.  321,  s.  131,  35  Stat.  1112. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  provi- 
sions of  Rev.  St.  sec.  5449.  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Officer  authorized  to  determine  any  question,  etc.,  receiving  bribe;  punishment. 

Sec,  133,  Whoever,  being  a  juror,  referee,  arbitrator,  appraiser, 
assessor,  auditor,  master,  receiver.  United  States  commissioner,  or 
other  person  authorized  by  any  law  of  the  United  States  to  hear  or 
delerniine  any  question,  matter,  cause,  controversy,  or  proceeding, 
shall  ask,  receive,  or  agree  to  receive,  any  money,  property,  or  value 
of  any  kind,  or  any  promise  or  agreement  therefor,  upon  any  agree- 
ment or  understanding  that  his  vote,  opinion,  action,  judgment,  or 
decision,  shall  be  inlluonced  thereby,  or  because  of  any  such  vote, 
opinion,  action,  judgment,  or  decision,  shall  be  fined  not  more  than 
two  thousand  dollars,  or  imprisoned  not  more  than  two  years,  or  both. 

Act  .March  4,  l!K)n,  c.  321,  s.  133.  35  Stat.  1112. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  citecl  above. 

REV.  ST.  SEC.   190. 

Persons  formerly  in  the  departments  not  to  prosecute  claims  in  them. 

Sec.  190.  It  shall  not  be  lawful  for  any  person  appointed  after 
the  first  dav  of  June,  one  thousand  eight  hundred  and  seventv-two, 
as  an  ollicer.  clerk,  or  employe  in  any  of  the  Departments,  to  act  as 
counsel,  attorney,  or  agent  for  prosecuting  any  claim  against  the 


OFFICERS,   CLERKS,   AND   EMPLOYEES.  305 

United  States  which  was  pending  in  either  of  said  Departments  while 
he  was  such  officer,  clerk,  or  employe,  nor  in  any  manner,  nor  by  any 
means,  to  aid  in  (he  prosecution  of  any  sucli  claim,  within  two  years 
next  after  he  shall  have  ceased  to  be  such  officer,  clerk,  or  employe. 

Orticers  of  tho  Unitod  States  are  prohibited  from  aiding  or  sharing  in 
;iny  clMJin  ajiiiinsi  the  I'uited  States,  and  punishnient  therefor  is  pro- 
vided Ity  act  .Marrh  4.  llHCt.  c.  :;21.  s.  lUlt.  W't  fortli  on  )).  301,  ante. 

ACT  MARCH  3,  1901,  c.  854.      (31  Stat.  1189.) 
Officers  of  the  Government  exempt  from  jury  duty. 

Sec.  217.  All  executive  *  *  *  officers,  salaried  officers  of  the 
Governniont  of  the  United  States  *  *  *  shall  he  exempt  from 
jury  duty,  and  their  names  shall  not  be  placed  on  the  jury  lists. 

Act  March  3.  1901.  c.  854.  s.  217,  31  Stat.  1224. 

This  section  is  a  portion  of  "An  act  to  establish  a  code  of  law  for  the 
District  of  Colinnbia."  cited  above. 

ACT  MARCH  3.  1883,  c.  143.      (22  Stat.  603.) 

Patents  to  officers  of  the  Government  for  inventions  to  be  used  in  the  public 
service. 

The  Secretary  of  the  Interior  and  the  Commissioner  of  Patents  are 
authorized  to  grant  any  officer  of  the  government,  except  officers  and 
employees  of  the  Patent  Office,  a  patent  for  any  invention  of  the 
classes  mentioned  in  section  forty  eight  hundred  and  eighty  six  of 
the  Kevised  Statutes,  when  such  invention  is  used  or  to  be  used  in 
the  public  service,  without  the  payment  of  any  fee:  Provided,  That 
the  applicant  in  his  application  shall  state  that  the  invention  de- 
scribed therein,  if  patented,  may  be  used  by  the  government  or  any 
of  its  officers  or  employees  in  the  prosecution  of  work  for  the  govern- 
ment, or  by  any  other  person  in  the  United  States,  without  the  pay- 
ment to  him  of  any  royalty  thereon,  which  stipulation  shall  be  in- 
cluded in  the  patent. 

Act  March  3.  1883.  c.  143.  22  St^it.  625. 

This  is  a  i>aragraph  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1884,  cited  above. 

ACT  MARCH  3.  1897.  c.  391.      (29  Stat.  692.) 

Representation  of  heads  of  departments  requesting  expediting  of  patents. 

Sec.  7.  That  in  every  case  where  the  head  of  any  Department  of 
the  Government  .shall  request  the  Commissioner  of  Patents  to  expe- 
dite the  consideration  of  an  application  for  a  patent  it  shall  be  the 
duty  of  sucli  head  of  a  Department  to  be  represented  before  the  Com- 
missioner in  order  to  prevent  the  improper  i.ssue  of  a  patent. 

Act  March  3.  1897,  c.  .391.  s.  7,  29  Stat.  094. 

ACT  MARCH  18.  1904.  c.  716.      (33  Stat.  85.) 

Restrictions  on  payment  of  expenses  of  horses,  carriages,  etc..  for  personal  use 
of  officers. 

No  ])iirt  of  any  money  nj)propriatefl  by  this  or  any  other  .Vet  shall 
l>e  available  for  ])ayiiig  expenses  of  horses  and  carriages  or  drivers 
therefor  for  the  personal  use  of  any  officer  provided  for  by  .this  or 
.my  other  Act  other  than  the  President  of  the  United  States,  the  heads 

71657—13 20 


306         LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGBICULTUEE. 

of  Executive  Departments,  and  the  Secretary  to  the  President :  Pro- 
vided^ That  this  provision  shall  not  apply  to  officials  outside  of  the 
District  of  Columbia  in  the  performance  of  their  public  duties.  This 
paragraph  shall  not  take  effect  until  July  first,  nineteen  hundred  and 
four. 

Act  March  18.  1904,  c.  716.  s.  3.  33  Stat.  142. 

This  is  a  provision  of  the  legishitive,  executive,  and  judicial  appropria- 
tion act  for  the  fiscal  year  1905,  cited  above.  A  similar  provision,  ap- 
plicable only  to  officers  and  employees  of  the  executive  departments  at 
Washington,  D.  C,  contained  in  the  similar  act  for  the  fiscal  year  1906, 
act  February  3,  1905,  c.  297,  s.  4,  is  set  forth  below. 

ACT  FEBRUARY  3,  1905,  c.  297.      (33  Stat.  631.) 

Restrictions  on  payment  of  expenses  of  carriages  or  vehicles  for  personal  or 
official  use;  carriages  or  vehicles  for  official  use  to  have  thereon  name  of 
department,  etc. 

Sec.  4.  No  part  of  any  money  apjDropriated  by  this  or  any  other 
Act  shall  be  used  for  purchasing,  maintaining,  driving,  or  operating 
any  carriage  or  vehicle  (other  than  those  for  the  use  of  the  President 
of  the  United  States,  the  heads  of  the  Executive  Departments,  and 
the  Secretary  to  the  President,  and  other  than  those  used  for  trans- 
portation of  property  belonging  to  or  in  the  custody  of  the  United 
States),  for  the  personal  or  official  use  of  any  officer  or  employee  of 
any  of  the  Executive  Departments  or  other  Government  establish- 
ments at  Washington.  District  of  Columbia,  unless  the  same  shall 
be  specifically  authorized  by  law  or  provided  for  in  terms  by  appro- 
priation of  money,  and  all  such  carriages  and  vehicles  so  procured 
and  used  for  official  purposes  shall  have  conspicuously  painted 
thereon  at  all  times  the  full  name  of  the  Executive  Department  or 
other  branch  of  the  public  service  to  Avhich  the  same  belong  and  in 
the  service  of  which  the  same  are  used. 

Act  February  3,  1905,  c.  297,  s.  4,  33  Stat.  687. 

This  ,'^^ction  is  a  portion  of  the  legislative,  executive,  and  judicial  ap- 
propriation act  for  the  fiscal  year  1900,  cited  above.  A  previous  similar 
provision,  contained  in  the  similar  act  for  the  preceding  fiscal  year,  act 
March  IS,  3904,  c.  716,  s.  3,  is  set  forth  above. 

*^» 
ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Restrictions  on  payment  for  telephone  service  from  private  residences,  etc. 

Sec.  7.  That  no  money  ap]->ropriated  by  this  or  any  other  Act 
shall  be  expended  for  telephone  service  installed  in  anj'  private  resi- 
dence or  private  apartment  or  for  tolls  or  other  charges  for  telephone 
service  from  private  residences  or  private  apartments,  except  for 
long-distance  telephone  tolls  required  strictly  for  the  public  business, 
and  so  shown  by  vouchers  duly  sworn  to  and  approved  by  the  head 
of  the  department,  division,  bureau,  or  office  m  which  the  official 
using  such  telephone  or  incurring  the  expense  of  such  tolls  shall  be 
employed. 

Act  August  2,3,  1912.  c.  .3.50,  s.  7,  .37  Stat.  414. 

This  section  Is  a  jtortion  of  the  legislative,  executive,  and  judicial  ap- 
propriation act  for  the  fiscal  year  1913,  qlted  above. 

ACT  JANUARY  12.  1895,  c.  23.      (28  Stat.  601.) 
Data  for  Official  Register. 

To  enabh'  the  offirer  charged  with  the  duty  of  preparing  the  Official 
Register  of  the  United  States  to  publish  the  same,  the  Secretary  of 


OFFICERS,    CLERKS,   AND   EMPLOYEES.  307 

the  Senate,  the  Clerk  of  the  House  of  Representatives,  the  head  of 
each  Executive  Department  of  the  Government,  and  the  chief  of  each 
and  every  bureau,  office,  commission,  or  institution  not  embraced  in 
an  Executive  Department,  in  connection  with  which  salaries  are 
paid  from  the  Treasury  of  the  United  States,  sliall,  on  the  first  day 
of  July  in  each  year  in  which  a  new  Congress  is  to  assemble,  cause 
to  be  filed  with  the  Secretary  of  the  Interior  a  full  and  complete  list 
of  all  officers,  agents,  clerks,  and  other  employees  of  said  Department, 
bureau,  office,  commission,  or  institution  connected  with  the  legis- 
lative, executive,  or  judicial  service  of  the  Government,  or  paid  from 
the  United  States  Treasury,     *     *     * 

Said  lists  shall  exhibit  the  salary,  compensation,  and  emoluments 
allowed  to  each  of  said  officers,  agents,  clerks,  and  other  employees, 
the  State  or  country  in  which  he  was  born,  the  State  or  Territory 
and  Conorressional  district  and  county  of  which  he  is  a  resident  and 
from  which  he  was  appointed  to  office,  and  where  employed. 

Act  January  12.  1S95.  c.  23,  s.  73,  28  Stat.  618. 

These  are  provisions  of  "An  act  providing  for  the  public  printing  and 
binding  and  tbe  distribution  of  public  documents,"  cited  above. 

The  above  provision,  and  a  further  provision  of  this  section,  set  forth 
on  p.  374,  post,  under  "  Public  Documents,"  imposing  the  duty  of  editing, 
indexing,  and  publishing  the  Official  Register,  upon  the  Secretary  of 
the  Interior,  are  repealed,  and  the  data  to  be  included  therein  are  required 
to  be  transmitted  to  the  Director  of  the  Census,  by  a  provision  of  act 
June  7,  1006,  c.  3048,  set  forth  below. 

ACT  JUNE  7,  1906,  C.  3048.      (34  Stat.  218.) 

Data  for  Official  Register  to  be  transmitted  to  Director  of  Census,  * 

And  the  Director  of  the  Census  shall  edit,  index,  and  publish  the 
Official  Register  of  the  United  States,  and  the  provisions  of  existing 
law  imposing  that  duty  upon  the  Department  of  the  Interior  are 
hereby  repealed,  and  the  data  to  be  included  in  the  Official  Register, 
which  is  now  required  to  be  transmitted  to  the  Secretary  of  the  In- 
terior, shall  hereafter  be  transmitted  to  the  Director  of  the  Census. 

Act  June  7,  1906,  c.  3048,  34  Stat.  219. 

EEV.   ST.   SEC.  94. 

Heads  of  departments  specially  privileged  to  use  library. 

Sec.  94.  The  Joint  Committee  on  the  Library  is  authorized  to 
grant  the  privilege  of  using  and  drawing  books  from  the  Library, 
in  the  same  manner  and  subject  to  the  same  regulations  as  members 
of  Congress,  to  any  of  the  following  persons : 

First.  Heads  of  Departments.     *     *     * 

EEV.  ST.   SEC.  4397. 

Heads  of  executive  departments  to  aid  Commissioner  of  Fish  and  Fisheries. 

Sec.  4397.  The  heads  of  the  several  Executive  Departments  shall 
cause  to  be  rendered  all  necessary  and  practicable  aid  to  the  com- 
missioner [of  Fish  and  Fisheries]  in  the  prosecution  of  his  investi- 
gations and  inquiries. 

ACT  APRIL  30,  1890,  c.  173.      (26  Stat.  78.) 

Heads  of  executive  departments  to  aid  in  acquisitions  for  Zoological  Park. 

Sec.  3.  That  the  heads  of  executive  departments  of  the  Govern- 
ment are  hereby  authorized  and  directed  to  cause  to  be  rendered  all 


308         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGKICULTURE. 

neceH8:iiy  and  practicable  aid  to  the  said  regents  in  the  acquisition  of 
collections  for  the  Zoological  Park. 

Act  A  1)1-1 1  30.  1890.  c.  173.  s.  3,  26  Stat.  7S. 

ACT  MARCH  3,  1901,  c.  831.      (31  Stat.  1010.) 

Facilities  for  study  and  research  in   the   Government  departments,  to  investi- 
gators, students,  etc. 

*  *  *  That  facilities  for  study  and  research  in  the  Government 
Departments,  the  Library  of  Congress,  the  National  Museum,  the 
Zoological  Park,  the  Bureau  of  Ethnolog5\  the  Fi.sh  Commission,  the 
Botanic  Gardens,  and  .similar  institutions  hereafter  established  shall 
be  afforded  to  scientific  investigators  and  to  duly  qualified  indi- 
viduals, .students,  and  graduates  of  institutions  of  learning  in  the 
several  States  and  Territories,  as  well  as  in  the  District  of  Columbia, 
under  such  rules  and  restrictions  as  the  heads  of  the  Departments  and 
Bureaus  mentioned  may  prescribe. 

Act  Miircli  3.  1901,  c.  831.  31  Stat.  1039. 

ACT  JULY  2,  1909.  c.  2.      (36  Stat.  1.) 

Information  from  departments  pertinent  to  census  work. 

Sec.  IJO.  That  the  Secretary  of  Commerce  and  Ijabor.  whenever  he 
may  deem  it  advisable,  or  on  request  of  the  Director  of  the  Census,  is 
hereby  authorized  to  call  upon  any  other  department  or  office  of  the 
Government  for  information  pertinent  to  the  work  herein  provided  for. 

Act  July  2.  1909,  c.  2,  s.  30,  30  SUit.  10. 

The  work  referred  to  In  this  provision  :is  ••herein  providod  for  '  is  the 
hiking  of  llu-  Tliirteenili  Census. 

ESTIMATES   AND   REPORTS. 
BEV.   ST.   SEC.   3660. 
Manner  of  communicating  estimates. 

Sec.  ^M'A'iO.  The  heads  of  Dejiartments.  in  comnuinicating  estimates 
of  expenditures  and  appropriations  to  Congress,  or  to  any  of  the 
connuittees  thereof,  shall  specify,  as  nearly  as  may  be  convenient,  the 
sources  from  which  sticli  estimates  are  derived,  and  the  calculations 
upon  which  they  are  founded,  and  shall  discriminate  between  such 
estimates  as  are  conjectural  in  their  character  and  such  as  are  framed 
upon  actual  information  and  applications  from  disbui*sing  officers. 
TIk'V  shall  i\]<n  give  references  to  any  law  or  treaty  by  which  the 
proposed  e.vpendilures  are.  respectively,  authorized,  specifsnng  the 
date  of  each,  and  the  volume  and  page  of  the  Statutes  at  Large,  or 
of  the  Kevised  Statutes,  as  the  case  may  be,  and  the  section  of  the 
act  in  which  (he  authority  is  to  W  found. 

REV.  ST.   SEC.  3669. 

Estimates  to  be  submitted  to  Congress. 

Skc.  :'(■)(')!».  All  annual  estimates  for  the  public  service  shall  be  sub- 
mitted to  Congress  through  the  Secretary  of  the  Treasury,  and  shall 
be  included  in  the  book  of  estimates  prepared  under  his  direction. 

«LCT  MARCH  3,  1875,  c.  129.      (18  Stat.  343.) 

Time  for  furnishing  estimates  to  Secretary  of  Treasury:    extracts  from  annual 
reports  to  be  included  in  estimates. 

Sec.  3.  That  it  shall  be  the  duty  of  the  heads  of  the  several  Execu- 
tive Depart nu'uts.  and  of  other  officers  authorized  or  required  to  make 


ESTIMATES   AXD   RKPORTS.  309 

estimates,  to  fiiniisli  to  the  Secretnry  <^f  the  Treastirv,  on  or  l)efor>- 
the  first  day  of  Oetober  of  each  year,  their  annual  estimates  for  the 
public  service,  to  be  included  in  the  Book  of  Estimates  prepared  b}' 
law  under  his  direction:  and  the  Secretary  of  the  Treasury  shall 
submit,  as  a  part  of  the  appendix  to  the  Book  of  Estimates,  such 
extracts  from  the  annual  reports  of  the  several  heads  of  Depart- 
ments and  Bureaus  as  relate  to  estimates  for  appro))riations,  and  the 
necessities  therefor. 

Act  M;ircli  'A.  187"..  c  129.  s.  .*].  IS!  Stiit.  870. 

TLis  siHtion  is  a  luirt  <»f  the  k>;;islativo,  executive,  ;ni(1  .1u(lici;il  appro- 
priation act  for  the  liscal  year  1S7G.  cited  above. 

The  riiuo  tor  sulmiittin?:  the  (lepartuiental  e.-riniates  i.-^  changed  to 
October  15,  and  the  Secretin-}-  of  tlie  Treasury  is  required  to  prepare  the 
estimates  in  case  the  heads  of  depart  mens  fail  to  iln  sd,  by  act  March  3. 
inOl.  c.  S30.  s.  .".  set  forth  below. 

ACT  MARCH  3,  1901.  c.  830.      (31  Stat.  S60.) 

Time  for  furnishing  estimates  to  Secretary  of  Treasury. 

Sec.  5.  That  hereafter  it  shall  be  the  duty  of  the  heads  of  the  sev- 
eral Executive  Departments,  and  of  other  officers  authorized  or  re- 
(juired  to  make  estinuites,  to  furnish  to  the  Secretary  of  the  Treasury, 
on  or  before  the  fifteenth  day  of  October  of  each  year,  their  annual 
estimates  for  the  public  service,  to  be  included  in  the  Book  of  Esti- 
mates to  be  prepared  by  law  under  his  direction,  and  in  case  of  failure 
to  furnish  estimates  as  herein  required  it  sliall  l>e  the  duty  of  the 
Secretary  of  the  Treasury  to  cau.se  to  be  prepared  in  the  Treasury 
Department,  on  or  before  the  first  day  of  November  of  each  year, 
estimates  for  such  appropriations  as  in  his  judgment  shall  be  requisite 
in  every  such  case,  which  estimates  shall  be  included  in  the  Book  of 
E.-i.timates  prepared  by  law  under  his  direction  for  the  consideration 
of  Congress. 

Act  March  3,' 1901.  c.  830,  s.  o,  31  Stat.  1009. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation net  for  the  tiscnl  year  1902,  cited  above. 

ACT  JULY  7,  1884,  c.  334.      (23  Stat.  236.) 

Estimates  of  appropriations  and  deficiencies.  * 

And  hereafter  :dl  estimates  of  appropriations  and  estimates  of 
deficiencies  in  a])propriations  intended  for  the  consideration  and  seek- 
ing the  action  of  any  of  the  committees  of  Congress  shall  be  trans- 
mitted to  Congress  through  the  Secretary  of  the  Treasury,  and  in 
no  other  manner;     *     *     * 

Act  July  7.  1884,  c.  334,  s.  2.  23  Stat.  254. 

This  is  a  ])rovision  of  the  deficiency  appropriation  act  for  the  fiscal 
ye.ir  1884.  rited  .-tboxe. 

ACT  JUNE  22.  1906.  c.  3514.      (34  Stat.  389.) 

Estimates  to  follow  order  and  arrangement  of  appropriation  acts  for  year  pre- 
ceding; all  estimates  to  te  included  in  Book  of  Estimates;  restriction  on 
special  or  additional  estimates. 

Sr.r.  4.  Hereafter  the  estimates  for  expenses  of  the  Government,  ex- 
lept  those  for  sundry  civil  expenses,  shall  be  prepared  and  submitted 
each  year  according  to  the  order  and  arrangement  of  the  appropria- 
tion Acts  for  the  year  preceding.  And  any  changes  in  sucli  order 
and  arrangement,  and  transfers  of  salaries  from  one  office  or  bureai 
to  another  office  or  bureau,  or  the  consolidation  of  offices  or  bv.reaus 


310         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTUEE. 

desired  by  the  head  of  any  Executive  Department  may  be  submitted 
by  note  in  the  estimates.  The  committees  of  Congress  in  reporting 
general  appropriation  bills  shall,  as  far  as  may  be  practicable,  follow 
the  general  order  and  arrangement  of  the  respective  appropriation 
Acts  for  the  year  preceding. 

Hereafter  the  heads  of  the  several  Executive  Departments  and  all 
other  officers  authorized  or  required  to  make  estimates  for  the  public 
service  shall  include  in  their  annual  estimates  furnished  the  Secretary 
of  the  Treasury  for  inclusion  in  the  Book  of  Estimates  all  estimates 
of  appropriations  required  for  the  service  of  the  fiscal  year  for  which 
they  are  prepared  and  submitted,  and  special  or  additional  estimates 
for  that  fiscal  year  shall  only  be  submitted  to  carry  out  laws  subse- 
quently enacted,  or  when  deemed  imperatively  necessary  for  the 
public  service  by  the  Department  in  which  they  shall  originate,  in 
which  case  such  special  or  additional  estimate  shall  be  accompanied 
by  a  full  statement  of  its  imperative  necessity  and  reasons  for  its 
omission  in  the  annual  estimates. 

Act  June  22,  1906,  c.  3514,  s.  4,  34  Stat.  448. 

Tlii.s  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1907,  cited  above. 

ACT  MARCE  4,  1909,  c.  297.      (35  Stat.  845.) 

Estimates  not  conforming  to  requirements  to  be  rearranged. 

Sec.  4.  When  estimates  hereafter  transmitted  to  the  Treasury  for 
eubmission  to  Congress  do  not  in  form  and  arrangement  comply 
with  the  provisions  of  section  four  of  the  legislative,  executive,  and 

i'udicial  appropriation  Act,  approved  June  twenty-second,  nineteen 
lundred  and  six,  they  shall,  under  direction  of  the  Secretary  of  the 
Treasury,  be  rearranged  so  as  to  comply  with  said  requirements  of 
law. 

Act  March  4,  1909,  c.  297,  s.  4,  35  Stat.  907. 

Act  June  22.  1906,  c.  3514,  s.  4,  referred  to  in  this  section,  is  set  forth 
above. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1910,  cited  above, 

ACT  ATIGXTST  23,  1912,  c.  350.      (37  Stat.  360.) 

Estimates  to  be  prepared  and  submitted  only  in  form  and  at  time  required. 

Sec.  9.  That  until  otherwise  provided  by  law,  the  regular  annual 
estimates  of  appropriations  for  expenses  of  the  Government  of  the 
United  States  shall  be  prepared  and  submitted  to  Congress,  by  those 
charged  with  the  duty  of  such  preparation  and  submission,  onlv  in 
the  form  and  at  the  time  now  required  by  law,  and  in  no  other  form 
and  at  no  other  time. 

Act  August  23,  1912,  c.  350,  s.  9,  37  Stat.  415. 

This  section  is  a  part  of  the  legislative,  executive,  aftd  judicial  appro- 
prialion  act  for  the  fiscal  year  1913,  cited  above. 

REV.  ST.  SEC.  3662. 
Estimates  of  salaries. 

Sec.  3()02.  All  estimates  for  the  compensation  of  officers  authorized 
by  law  to  be  employed  shall  be  founded  upon  the  express  provisions 
of  law,  and  not  upon  the  authority  of  executive  distribution. 


ESTIMATES   AND   REPORTS.  311 

ACT  JULY  11,  1890,  c.  667.      (26  Stat.  228.) 

Reports  in  estimates  of  number  and  salaries  of  inefficient  employees. 

*  *  *  That  hereafter  it  shall  be  the  duty  of  the  heads  of  the 
several  executive  Departments  of  the  Government  to  report  to  con- 
gress each  year  in  the  annual  estimates  the  number  of  employees  in 
each  bureau  and  office  and  the  salaries  of  each  who  are  below  a  fair 
standard  of  efficiency. 

Act  July  11,  1S90,  c.  667,  s.  2,  26  Stat.  268. 

This  is  a  proviso  of  the  legislative,  executive,  and  judicial  appropria- 
tion act  for  the  fiscal  year  1891,  cited  above. 

ACT  MARCH  2,  1895,  c.  177.      (28  Stat.  764.) 

Statements  in  estimates  of  condition  of  business  in  departments. 

Sec.  T.  It  shall  be  the  duty  of  the  head  of  each  Executive  Depart- 
ment or  other  Government  establishment  in  the  city  of  Washington 
to  submit  to  the  first  regular  session  of  the  Fifty-fourth  Congress,  and 
annually  thereafter,  in  the  Annual  Book  of  Estimates,  a  statement  as 
to  the  condition  of  business  in  his  Department  or  other  Government 
establishment,  showing  whether  any  part  of  the  same  is  in  arrears, 
and.  if  so,  in  what  divisions  of  the  respective  bureaus  and  offices  of 
his  Department  or  other  Government  establishment  such  arrears  ex- 
ist, the  extent  thereof,  and  the  reasons  therefor,  and  also  a  statement 
of  the  number  and  compensation  of  employees  appropriated  for  in 
one  bureau  or  office  who  have  been  detailed  to  another  bureau  or  of- 
fice for  a  period  exceeding  one  year. 

Act  March  2,  1895,  c.  177,  s.  7,  28  Stat.  808. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1896,  cited  above. 

ACT  AUGUST  24,  1912,  c.  355.      (37  Stat.  417.) 

Statements  in  estimates  of  number  and  compensation  of  employees  under  lump- 
sum appropriations. 

Sec.  6.  Hereafter  there  shall  be  submitted,  in  the  annual  Book  of 
Estimates,  following  every  estimate  for  a  general  or  lump  sum  appro- 
priation which  exceeds  $250,000  in  amount,  a  statement  showing  in 
parallel  columns: 

First,  the  number  of  persons,  if  any,  intended  to  be  employed  and 
the  rates  of  compensation  to  each,  and  the  amounts  contemplated  to 
be  expended  for  each  of  any  other  objects  or  cla.sses  of  expenditures 
specified  or  contemplated  in  the  estimate;  and 

Second,  the  number  of  persons,  if  any,  employed  and  the  rates  of 
compensation  paid  each,  and  the  amounts  expended  for  each  other 
object  or  class  of  expenditures  out  of  the  appropriation  corresponding 
to  the  estimate  so  submitted,  during  the  completed  fiscal  year  next 
preceding  the  period  for  which  the  estimate  is  submitted.    < 

Act  August  24,  1912,  c.  355.  s.  6,  37  Stat.  487. 

This  section  is  a  part  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1913,  cited  above. 

EEV.  ST.  SEC.  3663. 

Requisites  for  estimates  for  appropriations  for  public  works. 

Sec.  3GC)3.  "Wlienever  any  estimate  submitted  to  Congress  by  the 
head  of  a  Department  asks  an  appropriation  for  any  new  specific 


312         LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGEICULTURE. 

expenditure,  such  as  the  erection  of  n  i)ublic  building,  or  the  con- 
struction of  any  public  work,  requiring  a  plan  before  the  building  or 
work  can  Ix'  properly  conipk'ted.  such  estimate  shall  be  accom- 
panied by  full  plans  and  detailed  estimates  of  the  cost  of  the  whole 
work.  All  sui)sequent  estinuites  for  any  such  work  shall  state  the 
original  estimated  cost,  the  aggregate  amount  theretofore  appropri- 
ated for  the  same,  and  the  amount  actually  expended  thereupon,  as 
well  as  the  amount  asked  for  the  current  year  for  which  such  esti- 
mate is  made.  Vnd  if  the  amount  asked  is  in  excess  of  the  original 
estimate,  the  full  reas(ms  for  the  excess,  and  the  extent  of  the 
anticipated  excess,  shall  be  also  stated. 

ACT  MARCH  3.  1883,  c.  128.      (22  Stat.  531.) 
Statements  in  estimates  of  buildings  rented,  etc. 

*  *  *  it  shall  be  the  duty  of  the  heads  of  the  several  executive 
departments  to  submit  to  Congress  each  year,  in  the  annual  estimates 
of  appropriations,  a  statement  of  the  number  of  buildings  rented  by 
their  respective  departments,  the'purposes  for  which  rented,  and  the 
annual  rental  of  each. 

Act  M:in-li  :{.  IS.S:),  c.  128.  s.  1.  22  Stat.  .")2. 

This  is  ii  provision  followiii;^  :;ii  jpproprijition  for  rent  of  luiildinirs  for 
llu>  War  I)t>i>;irtinent,  in  the  ioL^ishttive.  e.xecutive.  and  judicial  :ippro- 
priatiou  act  for  tlie  tist-al  year  1.SS4.  cited  above. 

ACT  JULY  16,  1892.  c.  196.      (27  Stat.  183.) 

Statement  in  estimates  of  buildings  rented  within  District  of  Columbia. 

That  hereafter  it  shall  Ije  the  duty  of  the  Secretary  of  the  Treasury 
to  cause  to  be  prepared  and  sul)mitted  to  Congress  each  year,  in  the 
annual  Hook  of  Estimates  of  Appropriations,  a  statement  of  the 
buildings  rented  within  the  District  of  Columbia  for  the  use  of  the 
(iovernment.  (lie  ])urposes  for  which  rented,  and  the  anntial  rental 
of  each. 

Act  July  10.  1S92.  Q.  1!)6.  .s.  1.  27  Stat.  199. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  appro- 
jiriatlou  act  for  the  liscal  year  1893.  eite<l  above. 

REV.  ST.  SEC.  3664. 

Estimates  to  be  accompanied  by  explanations  of  new  or  unusual  items. 

Skc.  :)C>()4.  \\'lu'never  the  head  of  a  Department,  being  about  to 
sul)mit  to  Congress  the  aimual  estimates  of  expenditures  requiretl 
for  the  coming  year,  finds  that  the  usual  items  of  such  estimates 
vary  matei-ially  in  amount  from  the  ai)propriation  ordinarily  asked 
for  (he  object  named,  and  especially  from  the  appropriation  granted 
for  the  same  objects  for  the  |»receding  year,  and  wlienever  new  items 
iKil  theretofore  usual  are  introduced  into  such  estimates  for  any 
year,  he  shall  acc()m|)any  the  estimates  by  minute  and  full  explana- 
tions of  all  such  xarialions  and  new  items,  showing  the  reasons  and 
groun<ls  upon  which  the  amounts  are  reijuired,  and  the  different 
items  added. 

REV.  ST.  SEC.  3665. 

Amount  of  outstanding  appropriations  to  be  designated. 

Skc.  ^C)!')").  The  head  of  each  Department,  in  submitting  to  Con- 
gress his  estimates  of  expenditures  required  in  his  Department  dur- 


ESTIMATES   AND   REPORTS.  313 

injj;  the  year  tlien  approaching-,  .shall  designate  not  only  the  amount 
required  to  he  ajjproiji-iated  for  tiie  next  Hscal  year,  but  also  the 
amount  of  die  outstanding  ai)i)ropriation,  if  there  he  any,  which  will 
prohahly  be  reijuircd  for  each  particular  item  of  expenditure. 

REV.   ST.   SEC.  3661. 

Estimates  for  printing  and  binding. 

Sec.  36(51.  The  head  of  each  of  the  Executive  Departments,  atid 
every  other  public  oHicer  who  is  authorized  to  have  printing  and 
binding  done  at  the  Congressioiuil  Printing-Office  for  the  use  of  his 
Department  or  public  office,  shall  include  in  his  annual  estimate  for 
appropriations  for  the  next  fi.scal  year  such  siun  or  sums  as  may  to 
him  seem  necessary  "  for  printing  and  binding,  to  be  executed  under 
the  direction  of  the  Congressional  l*rinter." 


'fe' 


ACT  JUNE  30.  1906,  c.  3914.      (34  Stat.  697.) 

Estimates  for  all  printing  and  binding  to  be  submitted  in  annual  estimates; 
only  appropriations  for  printing  and  binding  to  be  used  therefor;  provisions 
not  to  apply  to  stamped  envelopes,  stationery,  etc. 

8ec.  2.  Hereafter  there  shall  be  submitted  in  the  regular  annual  esti- 
mates to  Congress  under  and  as  a  part  of  the  expenses  for  "  Printing 
and  l)inding,''  estimates  for  all  printing  and  binding  required  by  each 
of  the  Executive  Departments,  their  bureaus  and  offices,  and  other 
Government  establishments  .at  Washington,  District  of  Columbia, 
for  each  fiscal  year;  and  after  the  fiscal  year  nineteen  hundred  and 
seven  no  approi)riatioiis  other  than  those  made  specifically  and  solely 
for  printing  and  binding  shall  be  used  for  such  purposes  in  aiiy 
Executive  Department  or  other  Government  establishment  in  the 
District  of  Columbia:  Provided^  That  nothing  in  this  section  shall 
:i)5ph'  to  stamped  en\elo|3es,  or  envelopes  and  articles  of  stationery 
other  than  letter  heads  and  note  heads,  printed  in  the  course  o;' 
mamifacture. 

Act  Juue  30,  190(j,  c.  3914,  s.  l',  34  Stat.  T(>2. 

This  section  is  a   part  of  the  sundry  civil   appropriation  act  for  the 
tisf-Ml  year  IHOT.  citetl  above. 

ACT  MARCH  2.  1895.  c.  189.      (28  Stat.  910.) 

Public  Printer  to  notify  departments  of  estimates  submitted  for  printing  and 
binding. 

And  it  shall  be  the  duty  of  the  Public  Printer  to  submit  to  Con- 
gress at  the  beginning  of  its  next  regtdar  session,  estimates  in  detail 
under  the  head  of  Printing  and  binding  for  the  service  of  the  fiscal 
year  eighteen  hundred  and  ninety-seven  and  annually  thereaftei', 
covering  appropriations  requisite  for  all  work  to  be  done  and 
services  to  be  rendered  under  his  direction  by  the  provisions  of  the 
said  Act  and  not  previously  required  of  him;  and  of  the  details  of 
all  such  e.stinuites,  he  sliall  iiotify  the  heads  of  the  Executive  Depart- 
ments and  other  Governujent  establishments  i-ffected  thereby,  within 
such  time  as  will  enable  them  to  omit  the  amounts  thereof  from  the 
e.stimates  of  appropriations  which  they  are  required  to  submit  for 
the  fi.scal  year  eighteen  hundred  and  ninety-seven. 

Act  March  2.  1895,  c.  189.  s.  2.  28  Stat.  901. 

These  are  provisions  of  the  sundry  civil  appropriation  act  for  the  liscal 
year  IS'JO.  cited  above. 


314         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

REV.  ST.  SEC.   3672. 

Statement  of  proceeds  of  sales  of  old  material,  etc.,  to  accompany  book  of  esti-    ■ 
mates. 

Sec.  8G72.  A  detailed  statement  of  the  proceeds  of  all  sales  of  old 
material,  condemned  stores,  supplies,  or  other  public  property  of  any 
kind  except  materials,  stores,  or  supplies  sold  *  *  *  to  exploring 
or  surveying  expeditions  authorized  by  law  shall  be  included  in  the 
appendix  to  the  book  of  estimates. 

Kev.  St.  sec.  3672,  as  amended  by  act  February  27,  1877,  c.  69,  19  Stat. 
249. 

ACT  JUNE  30,  1906,  c.  3914.      (34  Stat.  697.) 

Statements  of  money  from  proceeds  of  public  property  or  other  sources,  and  of 
payments  therefrom. 

Sec.  5.  Hereafter  the  Secretary  of  the  Treasury  shall  require,  and 
it  shall  be  the  duty  of  the  head  of  each  Executive  Department  or 
other  Government  establishment  to  furnish  him,  within  thirty  days 
aifter  the  close  of  each  fiscal  year,  a  statement  of  all  money  arising 
from  proceeds  of  public  property  of  any  kind  or  from  any  source 
other  than  the  postal  service,  received  by  said  head  of  Department  or 
other  Government  establishment  during  the  previous  fiscal  year  for 
or  on  account  of  the  public  service,  or  in  any  other  manner  in  the 
discharge  of  his  official  duties  other  than  as  salary  or  compensation, 
which  was  not  paid  into  the  General  Treasury  of  the  United  States, 
together  with  a  detailed  account  of  all  payments,  if  any,  made  from 
such  funds  during  such  year.  All  such  statements,  together  with  a 
similar  statement  applying  to  the  Treasury  Department,  shall  be 
transmitted  by  the  Secretary  of  the  Treasury  to  Congress  at  the 
beginning  of  each  regular  session. 

Act  June  30,  1906,  c.  3914,  s.  5,  34  Stat.  763. 

This  section  is  a  part  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1907.  citetl  above. 

ACT  JUNE  25.  1910.  c.  384.     (36  Stat.  703.) 

Statement  of  proceeds  of  sales  of  old  material,  etc.,  to  be  submitted  separate 
from  book  of  estimates. 

Sec.  6.  Hereafter  the  statement  of  the  proceeds  of  all  sales  of  old 
material,  condemned  stores,  supplies,  or  other  public  property  of  any 
kind  shall  be  submitted  to  Congress  at  the  beginning  of  each  regular 
session  thereof  as  a  separate  communication  and  shall  not  hereafter 
be  included  in  the  annual  Book  of  E.stimates. 

Act  June  25,  1910.  c.  384,  s.  6,  36  Stat.  773. 

This  section  is  part  of  the  sundry  civil  njipropriation  act  for  the  fiscal    . 
year  1911,  cited  al)ove.  | 

ACT  MAY  22.  1908,  c.  186.      (35  Stat.  184.) 

Statement  of  traveling  expenses  of  officers  and  employees  at  Washington. 

Sec.  4.  It  shall  be  the  duty  of  the  head  of  each  Executive  Depart- 
ment and  other  Government  establishment  at  Washington  to  submit  i 
to  Congre.'^s  at  the  beginning  of  each  regular  session  a  statement 
showing  in  detail  what  officers  or  employees  (other  than  special 
agents,  inspectors,  or  employees,  who  in  the  discharge  of  their  regu- 
lar duties  are  required  to  constantly  travel)  of  such  Executive  De- 


ESTIMATES   AND   REPORTS.  315 

partment  or  other  Government  establishment  have  traveled  on  official 
business  from  Washington  to  points  outside  of  the  District  of  Co- 
hmibia  during  the  preceding  fiscal  year,  giving  in  each  case  the  full 
title  of  the  official  or  employee,  the  destination  or  destinations  of 
such  travel,  the  business  or  work  on  account  of  which  the*  same  was 
made,  and  the  total  expense  to  the  United  States  charged  in  each  case. 

Act  May  22,  1908,  c.  186.  s.  4.  35  Stat.  244. 

This  section  is  a  part  of  the  lesishitive,  executive,  and  jurliclal  appro- 
priation act  for  the  fiscal  year  1909,  cited  above. 

REV.  ST.   SEC.   193. 

Annual  report  of  expenditures  for  contingent  expenses. 

Sec.  193.  The  head  of  each  Department  shall  make  an  annual  re- 
port to  Congress,  giving  a  detailed  statement  of  the  manner  in  which 
the  contingent  fund  for  his  Department,  and  for  the  Bureaus  and 
offices  therein,  has  been  expended,  giving  the  names  of  every  person 
to  whom  any  portion  thereof  has  been  paid;  and  if  for  anything  fur- 
nished, the  quantity  and  price;  and  if  for  any  service  rendered,  the 
nature  of  such  service,  and  the  time  employed,  and  the  particular 
occasion  or  cause,  in  brief,  that  rendered  such  service  necessary;  and 
the  amount  of  all  former  appropriations  in  each  case  on  hand,  either 
in  the  Treasury  or  in  the  hands  of  any  disbursing  officer  or  agent. 
And  he  shall  require  of  the  disbursing  officers,  acting  under  his 
direction  and  authority,  the  return  of  precise  and  analytical  state- 
ments and  receipts  for  all  the  moneys  which  may  have  been  from 
time  to  time  during  the  next  preceding  year  expended  by  them,  and 
shall  communicate  the  results  of  such  returns  and  the  sums  total, 
annually,  to  Congress. 

ACT  MARCH  3,  1877,  c.  102.     (19  Stat.  294.) 

Report  of  expenditure  for  contingent  expenses. 

And  hereafter  a  detailed  statement  of  the  expenditure  for  the 
preceding  fiscal  year  of  all  sums  appropriated  for  contingent  ex- 
penses of  the  Independent  Treasury,  or  in  any  department  or  bureau 
of  the  Government  shall  be  presented  to  Congress  at  the  beginning 
of  each  regular  session. 

Act  March  3,  1877,  c.  102,  s.  1,  19  Stat.  306. 

This  is  a  provision  of  the  legislative,  executive,   and  judicial  appro- 
priation act  for  the  fiscal  year  1878,  cited  above. 

REV.  ST.  SEC.  195. 

Time  of  making  annual  reports. 

Sec.  195.  Except  where  a  different  time  is  expressly  prescribed  by 
law,  the  various  annual  reports  required  to  be  submitted  to  Congress 
by  the  heads  of  Departments  shall  be  made  at  the  commencement  of 
each  regular  session,  and  shall  embrace  the  transactions  of  the  pre- 
ceding year. 

REV.   ST.   SEC.   196. 

Time  of  furnishing  annual  reports  to  printer. 

Sec.  196.  The  head  of  each  Department,     *     *     *     shall  furnish 
'  to  the  Congressional  Printer  copies  of  the  documents  usually  accom- 


316         LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTURE. 

panying  liis  annual  report,  on  or  V)ffore  the  first  day  of  Xovember  in 
each  year,  and  a  copy  of  his  annual  report  on  or  before  the  third 
Monday  of  November  in  each  y^ar. 

REV.   ST.   SEC.    1776. 

Account  of  cost  of  removal  of  offices. 

Sec.  17T().  WTienever  any  puV^lic  office  is  removed  by  reason  of 
sickness  which  may  prevail  in  the  town  or  city  where  it  is  located,  a 
particular  account"  of  the  cost  of  such  removal  shall  be  laid  before 
Con<^ress. 

APPROPRIATIONS. 
REV.  ST.  SEC.  3678. 
Application  of  moneys  appropriated. 

Sec.  ;5(i7s.  All  sums  appropriated  for  the  various  branches  of  ex- 
penditure in  the  public  service  shall  be  applied  solely  to  the  objects 
for  which  liiey  are  resf>ectively  made,  and  for  no  others. 

ACT  JULY  1.  1902.  c.   1351.      (32  Stat.   552i) 

No  act  to  be  construed  to  make  an  appropriation  unless  it  so  declares  in  specific 
terms. 

llereafler  no  Act  of  Congress  .shall  be  constnied  to  make  an  appro- 
priation out  of  the  Treasury  of  the  United  States  unless  such  Act 
shall,  in  specific  terms,  declare  an  approj^riation  to  be  made  for  the 
purpo.^e  or  purposes  specified  in  the  Act. 

Act  .Inly  1.  moii.  c.  1351.  32  Stat.  r)60. 

'I'liis  is  ji  provision  of  the  deficiency  aiMtropriation  act  for  the  fiscal 
year  l!i(H2,  cited  nhove.  • 

.V  siniil.-ir  provision,  ajiplicalile  iilso  to  exccntion  of  contracts  luvolviu^' 
piiynient  of  nxMipy  in  ex<'«»SK  of  rii»prnpriations,  containeil  in  act  .Tune  30. 
UHH;,  c.  391-1.  is  set  forth  on  p.  ?.2r,.  pos-t,  under  "  Contracts." 

REV.  ST.  SEC.  3679. 

Expenditures  in  excess  of  appropriations  forbidden;  acceptance  of  voluntary 
service  for  Government  or  employment  of  personal  service  in  excess  of  that 
authorized,  forbidden:  appropriations  for  contingent  expenses  or  other 
general  purposes  to  be  apportioned  in  monthly  or  other  allotments;  viola- 
tion of  section  punishable. 

Skp.  3079.  No  Executive  Department  or  other  Government  estab- 
lishment of  the  United  States  .shall  ex])end,  in  any  one  fiscal  year, 
any  sum  in  exce-<s  of  appropriations  made  by  Congress  for  that  fiscal 
year,  or  involve  the  (lovernment  in  any  contract  or  other  obligation 
f«>r  the  future  paytnent  of  money  in  excess  of  such  appropriations 
unless  stu'h  contract  or  obligation  is  authorized  by  law.  Nor  shall 
any  Department  or  any  officer  of  tlie  Government  accept  voluntarv 
service  for  the  (Toverinnent  or  employ  personal  service  in  excess  of 
that  authorized  by  law.  except  in  cases  of  sudden  emergency  in- 
vol\  ing  the  loss  of  human  life  or  the  destruction  of  property.  All 
aitpropriations  iikkIo  for  contingent  expenses  or  other  general  pur- 
poses, «'xeept  appropriations  made  in  fnllillment  of  contract  obliga- 
tions expressly  authorized  by  law,  or  for  objects  required  or  author- 
ized by  law  without  reference  to  the  amounts  annually  appropriated 
rherefor,  shall,  on  or  In'fore  the  iK'giiming  of  each  fiscal  year,  be  so 
.ipiortii.iieil  by  monthly  or  other  :illotments  as  to  prevent  expendi- 


APPROPKlAilOiNts,  317 

iures  in  one  portion  of  tlio  yinir  which  may  necessitate  deficiency  or 
idditional  appro|)riations  to  complete  the  service  of  the  fiscal  year  for 
which  said  appropriations  arc  ma(le;  and  all  such  apportionments 
-hall  be  adhered  to  and  shall  not  be  waived  or  modified  except  upon 
ihe  happening  of  some  extraordinary  emergency  or  unusual  circum- 
-tance  which  could  not  be  anticipated  at  the  time  of  making  such 
apportionment,  but  this  provision  shall  not  apply  to  the  contingent 
appropriations  of  the  Senate  or  House  of  Representatives;  and  in 
( ase  said  apportionments  are  waived  or  modified  as  herein  provided, 
the  same  shall  be  waived  or  modified  in  writing  by  the  head  of  such 
P^xecutive  I)ei)artment  or  other  Government  establishment  having 
control  of  the  expenditure,  and  the  reasons  therefor  shall  be  fully  set 
forth  in  each  particular  case  and  communicated  to  Congress  in  con- 
nection with  estimates  for  any  additional  appropriations  required  on 
ticcount  thereof.  Any  person  violating  any  provision  of  this  section 
shall  be  summarily  removed  from  office  and  may  also  be  punished  by 
;i  fine  of  not  less  thaw  one  hundred  dollars  or  by  imprisonment  for 
not  less  than  one  month. 

Rev.  St.  sec.  3079.  :is  jiniendod  by  .ift  Man-li  .*;,  100.^,  c.  1481,  s.  4,  .33  Stat. 
1257,  and  act  February  27.  1006.  c.  510,  s.  4.  34  Stat.  48. 

A  similar  provision  relating  to  the  acceptance  of  voluntary  .service, 
contained  in  act  May  1.  1SS4,  c.  .'i7.  is  .-Jet  forth  on  p.  279,  ante,  under 
•■  Officers.  Clerks,  and  Employees." 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Maximum  amounts  to  be  expended  from  contingent  funds  appropiiated,  to  be 
apportioned;  purchases  which  can  be  made  from  contingent  funds  not  to 
be  made  from  any  other  fund. 

Sec.  6.  That  in  addition  to  the  apportionment  required  by  the  so- 
called  antideficiency  Act,  approved  February  twenty-seventh,  nine- 
teen hundred  and  six  (Statutes  at  Large,  volume  thirty-four,  page 
forty-nine),  the  head  of  each  executive  department  shall,  on  or  before 
the  beginning  of  each  fiscal  year,  apportion  to  each  office  or  bureau 
of  his  department  the  maximum  amount  to  be  expended  therefor 
during  the  fiscal  year  out  of  the  contingent  fund  or  funds  appro- 
priated for  the  entire  j'^ear  for  the  department,  and  the  amounts  so  ap- 
portioned shall  not  be  increased  or  diminished  during  the  year  for 
which  made  except  upon  the  writtefi  direction  of  the  head  of  the  de- 
partment, in  which  there  shall  be  fully  expressed  his  reasons  therefor; 
and  he'-eafter  there  shall  not  be  purchased  out  of  any  other  fund  any 
article  for  use  in  any  office  or  bureau  of  any  executive  department  in 
Washington.  District  of  Columbia,  which  could  be  purchased  out  of 
the  appropriation--:  made  for  the  regular  contingent  funds  of  such  de- 
partment or  of  its  offices  or  bureaus. 

Act  August  23,  1912,  e.  350,  s.  6,  o7  Stjit.  414. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1913.  cited  above. 

The  aitportionnient  required  by  act  February  27,  liiOC.  c.  .510,  s.  4,  is  set 
forth  above. 

ACT  AUGUST  24.  1912,  c.  355.      (37  Stat.  417.) 

No  specific  or  indefinite  appropriation  to  be  construed  as  permanent  unless  in 
terms  expressly  so  providing 

Sec.  T.  No  specific  or  indefinite  appropriation  made  hereafter  in 
any  regidar  annual  appropriation  Act  shall  be  construed  to  be  per- 


318         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

manent  or  available  continuously  without  reference  to  a  fiscal  year 
unless  it  belongs  to  one  of  the  following  five  classes :  "  Rivers  and  har- 
bors," "  lighthouses,"  "  fortifications,"  "  public  buildings,"  and  "  pay 
of  the  Navy  and  Marine  Corps,"  last  specifically  named  in  and  ex- 
cepted from  the  operation  of  the  provisions  of  the  so-called  "  cover- 
ing-in  Act  "  approved  June  twentieth,  eighteen  hundred  and  seventy- 
four,  or  unless  it  is  made  in  terms  expressly  providing  that  it  shall 
continue  available  beyond  the  fiscal  year  for  which  the  appropriation 
Act  in  which  it  is  contained  makes  provision. 

Act  August  24,  1912,  c.  355,  s.  7,  37  Stat.  487. 
This  section  is  a  portion  of  the  sundry  civil  appropriation  act  for  the 
fiscal  year  1913,  cited  above. 

ACT  MAY  28,  1896,  c.  252.      (29  Stat.  140.) 

Footing  of  paragraphs  to  determine  amount  appropriated.  j 

That  hereafter  the  total  amount  appropriated  in  the  various  para-     | 
graphs  of  an  appropriation  Act  shall  be  determined  by  the  correct     j 
footing  up  of  tiie  specific  sums  or  rates  appropriated  in  each  para- 
graph contained  therein  unless  otherwise  expressly  provided. 

Act  May  28,  1896,  c.  252,  s.  1,  29  Stat.  148. 

This  is  a  paragraph  of  the  legislative,  executive,  and  judicial  appro-     ,. 
priation  act  for  tiie  fiscal  year  1897,  cited  above.  i 

REV.  ST.  SEC.  3681. 

Expenses  of  commissions  and  inquiries.  ' 

Sec.  3681.  No  accounting  or  disbursing  officer  of  the  Government 
.=hall  allow  or  pay  any  account  or  charge  whatever,  growing  out  of,  I 
or  in  any  way  connected  with,  any  commission  or  inquiry,     *     *     ♦   " 
until  special  appropriations  shall  have  been  made  by  law  to  pay  such 
accounts  and  charges.     *     *     * 

ACT  MARCH  4,  1909,  c.  299.      (35  Stat.  945.) 

Use  of  moneys  or  appropriations  for  compensation  or  expenses  of  any  commis- 
sion, etc.,  forbidden,  unless  authorized  by  law;  details  from  executive  de- 
partments in  connection  with  such  commissions,  etc.,  forbidden. 

Sec.  0.  That  hereafter  no  part  of  the  public  moneys,  or  of  any 
appropriation  heretofore  or  hereafter  made  by  Congress,  shall  be 
used  for  the  payment  of  compensation  or  expenses  of  any  commission, 
council,  board,  or  other  similar  body,  or  any  members  thereof,  or  for 
expenses  in  connection  with  any  work  or  the  results  of  any  work 
or  action  of  any  commi.ssion,  council,  board,  or  other  similar  body, 
unless  the  creation  of  the  same  shall  be  or  shall  have  been  authorized 
by  law ;  nor  shall  there  be  employed  by  detail,  hereafter  or  heretofore 
made,  or  otherwise  personal  services  from  any  executive  department 
or  other  government  establishment  in  connection  with  any  such 
commission,  council,  board,  or  other  similar  body. 

Act  March  4,  1909,  c.  209,  s.  9,  35  Stat.  1027. 

This  section  Is  a  part  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1010,  cited  above. 

REV.  ST.  SEC.  3682. 

Restrictions  on  contingent,  etc.,  appropriations. 

Skc.  ;i(;s-J.  No  moneys  appropriated  for  contingent,  incidental,  or 
miscellaneous  purjioses  sliall  l)e  expended  or  paid  for  official  or  cler- 
ical compensation. 


i 


APPROPRIATIONS.  319 

EEV.   ST.   SEC.  3683. 

Restrictions  on  purchases  from  contingent  funds. 

Sec.  o(i83.  No  part  of  the  contingent  fund  appropriated  to  any 
Department,  Bureau,  or  office,  shall  be  applied  to  the  purchase  of 
any  articles  except  such  as  the  head  of  the  Department  shall  deem 
necessary  and  proper  to  carry  on  the  business  of  the  Department, 
Bureau,  or  office,  and  shall,  by  written  order,  direct  to  be  procured. 

ACT  MARCH  15,  1898,  c.  68.      (30  Stat.  277.) 

Restrictions  on  purchases  of  law  books,  etc.,  from  appropriations  for  contingeut 
expenses,  etc. 

Sec.  3.  That  hereafter  law  books,  books  of  reference,  and  period- 
icals for  use  of  any  Executive  Department,  or  other  Government 
establishment  not  under  an  Executive  Department,  at  the  seat  of 
Government,  shall  not  be  purchased  or  paid  for  from  any  appropria- 
tion made  for  contingent  expenses  or  for  any  specific  or  general  pur- 
pose unless  such  purchase  is  authorized  and  payment  therefor  spe- 
cifically provided  in  the  law  granting  the  appropriation. 

Act  March  15.  1898,  c.  68,  s.  3,  30  Stat.  316. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1899,  cited  above. 

EEV.  ST.  SEC.  3690. 

Expenditure  of  balances  of  appropriations. 

Sec.  3690.  All  balances  of  appropriations  contained  in  the  annual 
appropriation  bills  and  made  specifically  for  the  service  of  any  fiscal 
year,  and  remaining  unexpended  at  the  expiration  of  such  fiscal  year, 
shall  only  be  applied  to  the  payment  of  expenses  properly  incurred 
during  that  year,  or  to  the  fulfillment  of  contracts  properly  made 
within  that  year;  and  balances  not  needed  for  such  purposes  shall 
be  carried  to  the  surplus  fund.  This  section,  however,  shall  not 
apply  to  appropriations  known  as  permanent  or  indefinite  appro- 
priations. 

ACT  JUNE  23,  1874,  c.  476.      (18  Stat.  275.) 

Appropriations  for  public  buildings  available  until  completion  of  work. 

*  *  *  That  all  moneys  heretofore  appropriated  for  the  con- 
struction of  public  buildings  and  now  remaining  to  the  credit  of 
the  same  on  the  books  of  the  Treasury  Department,  or  which  may 
hereafter  be  appropriated  for  such  buildings,  shall  remain  available 
until  the  completion  of  the  work  for  which  they  are,  or  may  be, 
appropriated ;  and  upon  the  final  completion  of  each  or  any  of  said 
buildings,  and  the  payment  of  all  outstanding  liabilities  therefor,  the 
balance  or  balances  remaining  shall  be  immediately  covered  into  the 
Treasury. 

Act  June  23,  1874,  c.  47G,  s.  1,  18  Stat.  275. 

EEV.  ST.   SEC.  3691. 

Disposal  of  balances  of  appropriations  after  two  years. 

Sec.  3691.  All  balances  of  appropriations  which  shall  have  re- 
mained on  the  books  of  the  Treasury,  without  being  drawn  against 
in  the  settlement  of  accounts,  for  two  years  from  the  date  of  the  last 
appropriation  made  by  law,  shall  be  reported  by  the  Secretary  of 


320 


LAWS    APPLICABLE    Tu    DEPAKTMENT    OF    AGRICULTURE. 


the  Treasun  to  tlie  Auditor  of  the  Treasury,  whose  duty  it  is  to 
settle  accounts  thereunder,  and  the  Auditor  shall  examine  the  books 
of  his  Office,  and  certify  to  the  Secretary  whether  such  balances  will 
be  required  in  the  settlement  of  any  accounts  pendin":  in  his  office: 
and  if  it  appears  that  such  balances  will  not  be  required  for  this 
purpose,  then  the  Secretary  may  include  such  balances  in  his  surplus- 
fund  warrant,  whether  the  head  of  the  proper  Department  shall  have 
certified  that   it   may  be  carried  into  the  general  Treasury-  or  not. 


ACT  JUNE  20.  1874,  c.  328.      (18  Stat.  85.) 

Unexpended  balances  of  appropriations  to  be  carried  to  surplus  fund;  exceptions. 

Sec.  6.  That  from  and  after  the  first  day  of  July,  eighteen  hundred 
and  seventy-four,  and  of  each  year  thereafter,  the  Secretary  of  the 
Treasury  shall  cause  all  unexpended  balances  of  appropriations 
which  shall  have  remained  u)ion  the  books  of  the  Treasury  for  two 
fiscal  years  to  be  carried  to  the  surplus  fund  and  covered  into  the 
Treasury:  Provided.,  That  this  provision  shall  not  apply  to  perma- 
nent specific  appropriations,  appropriations  for  *  *  *  public 
l)uildinirs.  ''  *  '•'  l)ut  the  apj)ropriations  named  in  this  proviso 
shall  continue  available  until  otherwise  ordered  by  Congress,    *     *     * 

Act  .Tune  20.  1874.  c.  32S,  s.  5.  18  Stat.  110. 

Tlii.s  se<'tion  is  p.irt  of  the  lejrislative,  executive,  and  judicial  ap- 
propriation net  for  tlie  fiscal  year  1875.  cited  above. 

The  final  i)ortion  of  this  section  omitted  here  is  temporary  or  is  re- 
l>e!iled  by  net  .Tune  14,  1878,  c.  101,  s.  4.  set  forth  below. 

ACT  JUNE  14.  1878,  c.  191.      (20  Stat.  115.) 

Aeports    of    balances    needing    to    be    appropriated    abolished;    examination    of 
claims  under  appropriations  exhausted  or  carried  to  surplus  fund. 

Sec.  4.  That  so  much  of  section  five  of  the  act  approved  June 
twentieth,  eighteen  hundred  and  .seventy-four,  as  directs  the  Secre- 
tarv  of  the  Treasury  at  the  beginning  of  each  session  to  report  to 
C'OUgress  with  his  annual  estimates  any  balances  of  appropriations 
f(U-  s[)ecific  objects  affected  by  said  section  that  may  need  to  be  re- 
appropriated,  be.  and  herebv  is.  repealed.  And  it  shall  be  the  duty 
of  the  .^evei'al  accounting  onicers  of  the  Treasury  to  continue  to  re- 
ceive, examine,  and  consider  the  justice  and  validity  of  all  claims 
under  api)ro|)riations  the  balances  of  which  have  been  exhausted  or 
carried  to  the  surplus  fund  under  the  provisions  of  said  section  that 
may  be  i^rought  before  Iheiii  within  a  period  of  five  years.  *  *  * 
Provided,  That  nothing  in  this  act  .shall  be  construed  to  authorize 
the  re-examination  and  jiayjuent  of  any  claim  or  account  which  has 
been  once  examined  and  rejected,  unless  reopened  in  accordance  with 
existing  law. 

Act  .Tune  14,  187**,  c.  101.  s.  4,  20  StiU.  130. 

This  .s<H'tl(>n  is  II  part  of  the  deficiency  appropriation  act  for  the  flscal 
yenr  1878.  fited  almve. 

ACT  MARCH  4,  1909.  c.  299,      (35  Stat.  945.) 

Balances  of  appropriations  remaining-  unexpended  on  July  1.  1904,  to  be  carried 
to  surplus  fund. 

Skc.  10.  The  Secretary  of  the  Treasury  shall  cause  all  unexpended 
balances  of  npjiropriat ions  which  remained  on  the  books  of  the 
Treasury  on  the  first  day  of  July,  nineteen  hundred  and  four,  except 


CONTRACTS.  321 

pernmnont  specific  iipprojirintioiis.  *  *  *  ^^^  1^^  carried  to  the 
surplus  fund  and  covered  into  the  Treasury:  *  *  *  l^oi-  tli(»  pur- 
poses herein  (h'chired  no  api)ropriation  made  prior  to  July  first, 
nineteen  hundred  and  four,  shall  be  construed  to  be  a  permanent 
specific  api)roprintion  unless  by  its  lan<juage  it  is  specifically  and  in 
express  terms  nuide  available  for  use  until  expended. 

Act  March  4,  1900,  c.  299.  s.  10,  35  Stat.  1027. 

This  se<.-tion  is  a   part  of  the  suudi-y  civil  appropriation  act  for  the 
fiscal  year  1910.  cited  above. 


CONTRACTS. 
EEV.   ST.  SEC.  3709. 

Advertisement  for  proposals  for  supplies  and  services  in  departments;    accept- 
ance or  rejection  of  bids. 

Sec.  3709.  All  purchases  and  contracts  for  supplies  or  services,  in 
any  of  the  Departments  of  the  Government,  except  for  personal  serv- 
ices, shall  1)6  made  by  advertising  a  sufficient  time  previously  for 
proposals  respecting  "the  same,  Avhen  the  public  exigencies  do  not 
require  the  immediate  delivery  of  the  articles,  or  performance  of  the 
service.  When  immediate  delivery  or  performance  is  required  by  the 
public  exigency,  the  articles  or  service  required  may  be  procured  by 
open  purchase  or  contract,  at  the  places  and  in  the  manner  in  which 
such  articles  are  usually  bought  and  sold,  or  such  services  engaged, 
between  individuals.  And  the  advertisement  for  such  proposals  shall 
be  made  by  all  the  Executive  Departments  *  *  *  on  the  same 
days  and  shall  each  designate  two  o'clock  post  meridian  of  such  days 
for  the  opening  of  all  such  proposals  in  each  Department  and  other 
Government  establishment  in  the  city  of  Washington ;  and  the  Secre- 
tary of  the  Treasury  shall  designate  the  day  or  days  in  each  year 
for  the  opening  of  such  proposals  and  give  due  notice  thereof  to  the 
other  Departments  and  Government  establishments.  Such  proposjtls 
shall  be  opened  in  the  usual  way  and  schedules  thereof  duly  prepared 
and,  together  with  the  statement  of  the  proposed  action  of  each  De- 
partment and  Government  establishment  thereon,  shall  be  submitted 
to  a  board,  consisting  of  one  of  the  Assistant  Secretaries  of  the  Treas- 
ury and  Interior  Departments  and  one  of  the  Assistant  Postmasters- 
General,  who  shall  be  designated  by  the  heads  of  said  Departments 
and  the  Postmaster-General  respectively,  at  a  meeting  to  be  called 
by  the  official  of  the  Treasury  I)epartment,  who  shall  be  chairman 
thereof,  and  said  board  shall  carefully  examine  and  compare  all  the 
propo.sals  so  submitted  and  recommend  the  acceptance  or  rejection  of 
any  or  all  of  said  proposals.  And  if  any  or  all  of  such  proposals  shall 
be  rejected,  advertisements  for  proposals  shall  again  be  invited  and 
proceeded  with  in  the  same  manner, 

Rov.  St.  sec.  3700.  as  ii mended  by  act  January  27,  1804,  c.  22,  28  Stat.  33. 

The  i)rovisions  of  this  section  as  aniondetl  are  so  limited  that  they 
apply  only  to  advertisements  for  proposals  for  fuel.  ice.  stationery,  and 
other  miscellaneous  supplies  purchased  in  Washington,  by  act  .\pril  21, 
1894,  c.  61,  s.  2,  set  forth  below. 

The  provisions  of  this  section  are  not  applicable  to  any  purchase  or 
service  in  the  Department  of  Agriculture,  when  the  aggregate  amount 
does  not  exceed  the  sum  of  ip.W.  by  act  March  1.  1899.  c.  325,  s.  1,  set  forth 
on  p.  20.  uiitf. 

71657—13 21 


322         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

This  section  is  further  amended  by  act  June  17,  1910,  c.  297,  s.  4.  set 
forth  itelow  which  provides,  among  other  things,  that  all  supplies  of  fuel, 
ice,  stationery,  etc..  for  the  departments  in  Washington,  when  the  exi- 
gencies do  not  require  imniedi.ite  delivery,  shall  be  advertised  and  con- 
tracted for  i)y  the  Secretary  of  the  Treasury,  inste.id  of  the  several  de- 
partments; and  for  a  general  supply  committee,  in  lieu  of  the  board 
provided  for  iu  this  section,  comiwsed  of  an  officer  from  each  of  the 
departments. 

ACT  APRIL  21.  1894,  c.  61.      (28  Stat.  58.) 

Requirements  as  to  advertisements  for  proposals  limited  to  fuel,  ice,  stationery, 
etc.,  at  Washington. 

Sec.  2.  That  the  Act  entitled  "An  Act  to  amend  section  thirty- 
seven  hundred  and  nine  of  the  Revised  Statutes  relating  to  contracts 
for  supplies  in  the  Departments  at  Washington,"  approved  January 
twenty-seven,  eighteen  hundred  and  ninety-four,  be,  and  tlie  same  is 
hereby,  so  amended  that  the  provi.sions  thereof  shall  apply  only  to 
advertisements  for  proposals  for  fuel,  ice,  stationery,  and  other  mis- 
cellaneous supplies  to  be  purchased  at  Washington  for  the  use  of 
the  Executive  Departments  and  other  Government  establishments 
therein  named;  and  no  advertisements  made  or  contracts  awarded 
or  to  be  awarded  thereon  since  January  twenty-seven,  eighteen  hun- 
dred and  ninety-four,  in  accordance  with  the  laws  in  force  prior  to 
said  date,  shall  be  declared  to  be  illegal  or  invalid  for  non-compliance 
with  said  law  of  January  twenty-seventh,  eighteen  hundred  and 
ninety-four. 

Act  April  21,  1894,  c.  61,  s.  2,  28  Stat.  62. 

This  section  is  a  part  of  the  urgent  deficiency  appropriation  act  for 
the  fiscal  year  1S94.  cited  above. 

Rev.  St.  sec.  3709,  as  amended  by  act  January  27,  1894,  c.  22,  is  set 
forth  above. 

ACT  JUNE  17,  1910,  c.  297.     (36  Stat.  468.) 

Advertisements  and  contracts  for  departments  in  Washington  hy  Secretary  of 
Treasury;  general  supply  committee,  its  duties,  etc.;  articles  to  be  pur- 
chased; bonds  of  contractors;  purchase  or  drawing  supplies  by  departments; 
telephone,  electric  light,  and  pov/er  service. 

Skc.  4.  That   hereafter  all  supplies  of  fuel,  ice,  stationery,  andi 
other  miscellaneous  supplies  for  the  executive  departments  and  other] 
goveniment  establishments  in  AVashington,  when  the  public  exigen- 
cies do  not  require  the  in)mediale  delivery  of  the  article,  shall  be 
advertised   and  contracted   for  by   the   Secretary   of  the   Treasury, 
instead  of  by  the  several  dei)artments  and  establishments,  upon  such] 
days  as  he  may  designate.    There  shall  be  a  general  supply  commit- 
tee in  lieu  of  the  board  provided  for  in  section  thirty-seven  hundred 
and  nine  of  the  Revised  Statutes  as  amended,  composed  of  ofRcers. 
ono  frcnn  each  such  dojiartment,  designated  by  the  head  thereof,  the' 
duties  of  which  committee  siuiU  be  to  make,  under  the  direction  oi 
the  said   Secretary,   an   annual   schedule  of  required   miscellaneoiiSj 
supplies,  to  standardize  such  supplies,  eliminating  all  unnecessar] 
ffnides  and   varieties,   and   to   aid   said   Secretary   in  soliciting  bids^ 
l»ased  upon  fornuilas  and  .specifications  drawn  up  by  such  experts  in 
the  service  of  tlie  Government  as  the  committee  may  see  fit  to  call 
uiM)n,  who  shall  render  whatever  assistance  they  may  require.     The 
committee  shall  aid  .said  Secretary  in  securing  the  proper  fulfillment 
of  the  contracts  for  such  supplies,  for  which  purpose  the  said  Secre- 


CONTRACTS.  323 

tarv  shall  prescribe,  and  all  departments  comply  with,  niles  provid- 
inir  for  such  examination  and  tests  of  the  articles  received  as  may 
be  necessary  for  such  purpose;  in  making;  additions  to  the  said  sched- 
ule ;  in  opening  and  considering  the  bids,  and  shall  perform  such 
other  similar  duties  as  he  may  assign  to  them:  Prooidcd,  That  the 
articles  intended  to  be  purchased  in  this  manner  are  those  in  common 
use  by  or  suitable  to  the  ordinary  needs  of  two  or  more  such  depart- 
ments or  establishments;  but  the  said  Secretary  shall  have  discretion 
to  amend  the  annual  common  supply  schedule  from  time  to  time  as 
to  any  articles  that,  in  his  judgment,  can  as  well  be  thus  purchased. 
In  all  cases  only  one  bond  for  the  proper  performance  of  each  con- 
tract shall  be  required,  notwithstanding  that  supplies  for  more  than 
one  department  or  government  establishment  are  included  in  such 
contract.  Every  purchase  or  drawing  of  such  supplies  from  the  con- 
tractor shall  be  immediately  reported  to  said  committee.  No  dis- 
bursing officer  shall  be  a  member  of  such  committee.  No  department 
or  establishment  shall  purchase  or  draw  supplies  from  the  common 
schedule  through  more  than  one  office  or  bureau,  except  in  case  of 
detached  bureaus  or  offices  having  field  or  outlying  service,  which  may 
purchase  directly  from  the  contractor  with  the  permission  of  the  head 
of  their  department:  And  provided  further^  That  telephone  service, 
electric  light,  and  power  service  purchased  or  contracted  for  from 
companies  or  individuals  shall  be  so  obtained  by  him. 

Act  June  17,' 1910.  c.  297,  s.  4,  36  Stat.  531. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  ap- 
propriation act  for  the  fiscal  year  1911,  cited  above. 

Itev.  St.  sec.  3709.  as  amended  by  act  January  27,  1894,  c.  22,  mentioned 
in  this  section,  is  set  forth  above. 

EEV.  ST.   SEC.  3710. 
Opening  bids. 

Sec.  3710.  Whenever  proposals  for  supplies  have  been  solicited, 
the  parties  responding  to  such  solicitations  shall  be  duly  notified  of 
the  time  and  place  of  opening  the  bids,  and  be  permitted  to  be  pres- 
ent either  in  person  or  by  attorney,  and  a  record  of  each  bid  shall  then 
and  there  be  made. 

REV.  ST.   SEC.  3711. 

Inspection  of  fuel  in  District  of  Columbia;  appointment  of  inspectors,  etc. 

Sec.  8711.  It  shall  not  be  lawful  for  any  officer  or  person  in  the 
civil,  military,  or  naval  service  of  the  United  States  in  the  District 
of  Columbia  to  i)urchase  anthracite  or  bituminous  coal  or  wood  for 
the  public  service  except  on  condition  that  the  same  shall,  before  de- 
livery, be  inspected  and  weighed  or  measured  by  some  competent 
person,  to  be  appointed  by  the  head  of  the  Department  or  chief  of  the 
branch  of  the  service  for  which  the  purcha.se  is  made  from  among 
the  persons  authorized  to  be  employed  in  such  Department  or  branch 
of  the  service.  The  person  appointed  under  this  section  shall  ascer- 
tain that  each  ton  of  coal  weighed  by  him  shall  consist  of  two  thou- 
sand two  hundred  and  forty  pounds,  and  that  each  cord  of  wood  to 
be  so  measured  shall  be  of  the  standard  measure  of  one  hundred  and 
twenty-eight  cubic  feet.  Each  load  or  parcel  of  wood  or  coal  weighed 
and  measured  by  him  shall  be  accompanied  by  his  certificate  of  the 


324         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

number  of  tons  or  pounds  of  coal  and  the  number  of  cords  or  parts 
of  cords  of  wood  in  each  load  or  parcel. 

Rev.  St.  sec.  3711.  iis  iiiuended  by  net  March  2,  1895,  c.  177.  s.  G.  28 
Stat.  808.  and  act  M.irch  in.  18!)8.  c.  68,  s.  (J.  .30  Stat.  316.- 

EEV.   ST.  SEC.  3712. 

Appointments  of  fuel  inspectors  to  be  notified  to  accounting  ofiacer. 

Skc.  .'571  li.  The  jiroper  accountinir  officer  of  the  Treasury  shall  be     |' 
furnished  with  a  copy  of  the  appointment  of  each  inspector,  weigher, 
and  measurer  appointed  under  the  preceding  section. 

EEV.  ST.  SEC.  3713. 

No  payment  for  fuel  without  inspector's  certificate. 

Skc.  HTi;].  It  shall  not  be  lawful  for  any  accounting  officer  to  pass 
or  allow  to  the  credit  of  any  disbursing  officer  in  the  District  of 
Colinui)ia  any  money  paid  by  him  for  purchase  of  anthracite  or 
bituminous  coal  or  for  wood,  unless  the  voucher  therefor  is  accompa- 
nied by  a  c<M'tificate  of  the  proper  inspector,  weigher,  and  measurer 
that  the  (piantity  paid  for  has  been  determined  by  such  officer. 

REV.   ST.   SEC.   3732. 
Unauthorized  contracts  prohibited. 

Skc.  3732.  No  contract  or  purchase  on  behalf  of  the  United  States 
shall  be  made,  unless  the  same  is  authorized  by  law  or  is  under  an 
appropriation  adequate  to  its  fulfillment,     *     *     * 

ACT  MARCH  3.  1877,  c.  106.      (19  Stat.  363.) 

Contracts  for  rent  of  buildings  in  District   of  Columbia  not  to  be  made  until 
appropriation  therefor. 

*  *  *  hereafter  no  contract  shall  be  made  for  the  rent  of  any 
building,  or  part  of  any  building,  to  be  used  for  the  purposes  of  the 
fiovernmcnt  in  the  District  of  Coiunibia,  until  an  appropriation  there- 
for .shall  have  been  nmde  in  terms  by  Congress^  and  that  this  clause  be 
regarded  as  notice  to  all  contractors  or  lessors  of  any  such  building  or 
any  part  of  building. 

Act   Miirch  3.  1S77.  c.  10(5,  1!»  Stat.  370. 

This  is  a  provision  of  tlie  deficiency  appropriation  act  for  the  fiscal 
venr  1877,  cit<M  above. 

Otlior  liuildiiiRs  in  the  District  of  C<ihimbia  may  be  rented  instead  of 
biiildiiij;s  jilrcady  rental,  by  a  provision  of  act  Aupnst  5.  1S.S2,  c.  .389.  s.  1, 
set  fortli  on  p.  .'{t;i.  /(o.\7.  under  "  riil)lic  r.nildin^s  ;md  (Ironnds." 

Heads  nf  departments  :ire  reipiired  to  submit  to  ('onj^ress  each  year  in 
the  annnal  estimate  statemeiUs  of  the  bnildinfrs  rentefl  in  the  District  of 
Cohimbin  by  their  respective  departments,  by  a  provision  of  act  March  3, 
1883.  c.  128.  s.  1.  set  forth  on  p.  312,  (tiitc.  nnder  "  Estimates  and  IleiK)rts." 

The  SiM-retary  of  llie  Treasury  is  reipiiriHl  to  stibniit  to  Conpress  e:ict 
*'«»ar  in  llie  Itook  of  Ksiiniiites  a  statement  of  the  lynildinjrs  renteil  in  the 
Oistri.i  of  ("olimibia  for  the  use  of  the  (Jovernment,  by  act  .Inly  10.  1892 
c.  I'.Mi,  s.  1.  set  forlli  on  i),  .312.  tinlc.  \uider  "  Esitimates  ainl  Rejtorts." 

ACT  JUNE  12,  1906,  c.  3078.      (34  Stat.  240.) 

No  contracts  or  purchases  unless  authorized  or  under  adequate  appropriation 

*     *     *     That   no  contract  or  purchase  on  behalf  of  the  Unite 
States  shall  be  nuide,  unless  the  same  is  authorized  by  hiw  or  is  undei 
ail  ajipropriation  ade(iuate  to  its  fidfillment,     *     *     * 

Act  June  12,  1000,  c.  .3078,  34  Stat.  2.").'i. 

This  Is  ji  i»rovlso  anne.xtHl  to  the  .\rmy  ai>propriatiou  act  for  the  fiscal] 
yejir  11)07.  cited  above. 


CONTRACTS.  325 

ACT  JUNE  30.  1906.  c.  3914.      (34  Stat.  697.) 

No  act  to  be  construed  to  make  an  appropriation  or  authorize  execution  of  con- 
tract in  excess  of  appropriation  unless  it  so  declares  in  specific  terms. 

Sec.  9.  No  Act  of  Congress  hereafter  passed  shall  be  construed  to 
make  an  appropriation  out  of  the  Treasuiy  of  the  United  States,  or 
to  authorize  the  execution  of  a  contract  involvino;  the  payment  of 
money  in  excess  of  appropriations  made  by  law,  unless  such  Act  shall 
in  specific  terms  declare  an  appropriation  to  be  made  or  that  a  con- 
tract may  be  execute'd. 

Act  June  30,  1906.  c.  3914,  s.  9,  34  Stat.  764. 

This  section  is  a  part  of  the  sundry  civil  appropriation  nr-t  for  the  fisral 
year  1!K)T.  cited  altove. 

A  suhsequent  similar  provision  relating  to  the  construction  of  acts 
uiakin;:  apiiropriations.  contained  in  act  July  1,  1902,  c.  1351,  is  set  forth 
on  p.  316.  ante,  under  "Appropriations." 

Expenditure  in  any  fiscal  year  or  involving  the  Government  in  any 
contract,  etc..  for  future  i)aynient  of  money  in  excess  of  ai)i)ropriations  for 
that  fiscal  year,  is  prohibited,  and  punislinient  pro\  ide<l  therefor,  in  Rev. 
St.  sec.  .1670.  set  forth  on  p.  316.  ante,  under  "Appropriations." 

REV.   ST.  SEC.  3733. 

No  contract  for  erection,  etc  ,  of  public  building,  etc.,  to  exceed  appropriation. 

Sec.  3733.  No  contract  shall  be  entered  into  for  the  erection,  repair, 
or  furnishing  of  any  public  building,  or  for  any  public  improvemtMit 
which  shall  bind  the  Government  to  pav  a  larger  sum  of  money  than 
the  amount  in  the  Treasury  appropriated  for  the  specific  purpose. 

ACT  MARCH  4.  1909,  c.  321.      (35  Stat.  1088.) 

Officer  contracting  for  erection,  etc..  of  public  building,  etc..  beyond  appropria- 
tion;   punishment. 

Sec.  98.  Whoever,  being  an  officer  of  the  I'^^nited  States,  shall  know- 
ingly contract  for  the  erection,  repair,  or  furnishing  of  any  public 
building,  or  for  any  public  improvement,  to  pay  a  larger  amount  than 
the  specific  sum  appropriated  for  such  purpose,  shall  be  fined  not  more 
than  two  thousand  dollars  and  imprisoned  not  more  than  two  years. 

Act  March  4.  1900,  c.  321,  s.  9S,  35  Stat.  1106. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  tlie  T'nited  States."  cited  above,  incorporating  therein  the  provi- 
sions of  Rev.  St.  sec.  5503,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

REV.  ST.  SEC.  3734. 

Contracts  or  payment  for  sites  for  public  buildings  not  to  be  made  in  excess 
of  appropriations;  no  expenditures  to  be  made  until  sketch  plans  are  ap- 
proved:   subsequent  changes;   limit  of  cost. 

Sec.  3734.  And  hereafter  no  money  shall  be  paid  nor  contracts  made 
for  payment  for  any  site  for  a  public  building  in  excess  of  the  amount 
specifically  aj)pr()priated  therefor;  and  no  money  shall  be  expended 
upon  any  public  building  until  after  sketch  plans  showing  the  tenta- 
tive design  and  arrangcp.uMit  of  .-uch  building,  together  with  outline 
description  and  detailed  estimates  of  the  cost  thereof  shall  have  been 
made  by  the  Supervising  Architect  of  the  Trea.sury  Department 
(except  when  otherAvise  authorized  by  law)  and  said  sketch  plans  and 
estimates  shall  have  been  a])i3roved  by  the  Secretary  of  the  Treasury 
and  the  head  of  each  executive  department  who  will  have  officials 


326         LAWS   APPLICABLE    TO    DEPARTMEXT    OF    AGRICULTURE. 

located  in  such  building::  but  such  approval  shall  not  prevent  subse- 
quent changes  in  the  design,  arrangement,  materials,  or  methods  of 
construction  or  (;ost  which  may  be  found  necessary  or  advantageous: 
Provided,  That  no  such  changes  shall  be  made  involving  an  expense 
in  excess  of  the  limit  of  cost  fixed  or  e:vLended  by  Congress,  and  all 
appropriations  made  for  the  construction  of  such  building  shall  be 
expended  within  the  limit  of  cost  so  fixed  or  extended. 

Hev.  St.  sec.  37.34.  as  amended  by  act  .Tune  25,  1910.  c.  383,  s.  33,  36 
.Slat.  (!!»!». 

Thi.s  section,  :is  amended,  supersedes  similar  provisions  of  act  March  3, 
1875.  c.  130,  s.  1.  18  Stat.  395. 

REV.   ST.   SEC.  3735. 

Contracts  for  stationery,  etc.,  limited  to  two  years. 

Sec.  3735.  It  shall  not  be  lawful  for  any  of  the  Executive  Depart- 
ments to  make  contracts  for  stationery  or  other  supplies  for  a  longer 
term  than  one  year  from  the  time  the  contract  is  made. 

BEV.  ST.  SEC.   3736. 

Restriction  on  purchase  of  land. 

Skc.  373G.  No  land  .shall  be  purchased  on  account  of  the  United 
States,  except  under  a  law  autliorizing  such  purchase. 

EEV.  ST.   SEC.  3737. 
Transferring  contracts  prohibited. 

Sec.  ;'737.  No  contract  or  order,  or  any  interest  therein,  shall  be 
transferred  iiy  the  party  to  whom  such  contract  or  order  is  given  to 
any  oilier  party,  and  any  such  transfer  shall  cause  the  annulment  of 
the  contract  or  order  transferred,  so  far  as  the  United  States  are 
conct'rned.  All  rights  of  action,  however,  for  any  breach  of  such  con- 
tract by  the  contracting  parties,  are  reserved  to  the  United  States. 

REV.  ST.  SEC.  3738.  ^ 

Eight  hours  to  be  a  day's  work  for  laborers,  workmen,  and  mechanics  in  employ 
of  United  States. 

Skc.  3738.  Eight  hours  shall  constitute  a  day's  work  for  all  lab(U-- 
ers,  workmen,  and  mechanics  who  may  be  employed  by  or  on  behalf 
of  tiie  (lovernment  of  the  Ignited  States. 

Tlu'  uiinilxT  ot  hours  of  work  of  hiborors  :ind  nioch;inios  employed  by 
till'  Iiiltrd  St.ites  or  ii  contriU'tor  or  subfontr.H-tor  is  limited  to  ciirbt  hours 
In  any  one  raleiular  day,  and  it  is  made  unlawful  to  work  more  than 
elRht  hours.  excei>t  in  cases  of  emerjiency,  by  act  August  1.  1S92,  c.  352, 
sot  forth  below. 

ACT  AUGUST  1,  1892,  c.  352.  An  act  relating  to  the  limitalion  of  the  hours  of 
dally  service  of  laborers  and  me<"hanics  employe<l  ui>on  the  public  works 
of  the  United  States  and  of  the  District  of  Columbia.      (27  Stat.  340.) 

Eight  hours'  labor  in  one  day  for  laborers  and  mechanics  on  Government  works. 

'I'liat  the  service  and  employmiMit  of  all  laborers  and  mechanics 
n-ho  lire  now  or  may  heieaftcr  Ix'  cmi)l<iyed  by  the  Government  of  the 
United  States,  by  the  District  of  Columbia,  or  by  any  contractor  or 
subcniitnii-ti.r  upon  any  of  the  public  works  of  the  United  States  or 
of  the  said  District  of  Columbia,  is  herebv  limited  and  restricted  to 


CONTRACTS.  327 

eight  lioiirs  in  any  one  calendar  day,  and  it  shall  be  unlawful  for 
any  officer  of  the  United  States  Government  or  of  the  District  of 
Columbia  or  any  such  contractor  or  subcontractor  whose  duty  it  shall 
be  to  employ,  direct,  or  control  the  services  of  such  laborers  or  me- 
chanics to  require  or  permit  any  such  laborer  or  mechanic  to  work 
more  than  eight  hours  in  any  calendar  day  except  in  case  of  extraor- 
dinary emergency. 

Act  August  1,  1892,  c.  352,  s.  1.  27  Stat.  340. 

Violation  of  act  by  officer  or  contractor;  punishment. 

Sec.  2.  That  any  officer  or  agent  of  the  Government  of  the  United 
States  or  of  the  District  of  Columbia,  or  any  contractor  or  subcon- 
tractor whose  duty  it  shall  be  to  employ,  direct,  or  control  any 
laborer  or  mechanic  employed  upon  any  of  the  public  works  of  the 
United  States  or  of  the  District  of  Columbia  who  shall  intentionally 
violate  any  provision  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  for  each  and  every  such  offense  shall  upon  conviction 
be  punished  by  a  fine  not  to  exceed  one  thousand  dollars  or  by  im- 
prisonment for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court  having  jurisdiction 
thereof. 

Act  August  1,  1892.  c.  352,  s.  2,  27  Stat.  340. 

Act  Jmie  19.  1912.  c.  174,  set  forth  below,  provides  that  every  contract 
for  or  ou  behalf  of  the  T'nited  States  which  requires  or  involves  the 
employment  of  laborers  or  mechanics,  shnll  contain  m  provision  that  no 
such  laborer  or  mechanic  in  the  employ  of  the  contractor  or  subcon- 
tractor shall  be  required  or  permitted  to  work  more  than  eight  hours  in 
any  one  calendar  day,  and  that  every  such  contract  shall  stipulate  a 
penalty  of  $5  for  each  violation  of  such  stipulation  for  each  laborer  or 
mechanic  for  every  day  in  which  he  shall  be  required  or  permitted  to 
work  more  than  eight  hours. 

ACT  JUNE  19,  1912,  c.  174.  An  act  limiting  the  hours  of  daily  service  of  laborers 
and  mechanics  employed  upon  work  done  for  the  T'nitetl  States,  or  for  any 
Territory,  or  the  District  of  Columbia,  and  for  other  purposes.  (37  Stat. 
137.) 

Contracts  for  work  done  for  United  States  to  contain  provision  that  no  laborer 
or  mechanic  be  required  or  permitted  to  work  more  than  eight  hours  in  one 
day;  stipulation  for  penalty  for  violation;  inspector  to  report  violations; 
appeal  by  contractor  for  penalty  withheld. 

That  every  contract  hereafter  made  to  which  the  United  States, 
any  Territory,  or  the  District  of  Columbia  is  a  party,  and  every 
such  contract  made  for  or  on  behalf  of  the  United  States,  or  any 
Territor}^  or  said  District,  which  may  require  or  involve  the  employ- 
ment of  laborers  or  mechanics  shall  contain  a  provision  that  no 
laborer  or  mechanic  doing  any  part  of  the  work  contemplated  by 
the  contract,  in  the  employ  of  the  contractor  or  any  subcontractor 
contracting  for  any  part  of  said  work  contemplated,  shall  be  required 
or  permitted  to  work  more  than  eight  hours  in  any  one  calendar  day 
upon  such  work;  and  every  such  contract  .shall  stipulate  a  penalty 
for  each  violation  of  such  provision  in  such  contract  of  five  dollars 
for  each  laborer  or  mechanic  for  every  calendar  day  in  which  he  shall 
be  required  or  permitted  to  labor  more  than  eight  hours  upon  said 
work;  and  any  officer  or  person  designated  as  inspector  of  the  work 
to  be  performed  under  any  such  contract,  or  to  aid  in  enforcing  the 
fulfillment  thereof,  shall, ^lpon  observation  or  investigation,  forth- 


328         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTUBE. 

with  report  to  the  proper  officer  of  the  United  States,  or  of  anj 
Territory,  or  of  the  District  of  Columbia,  all  violations  of  the  pro- 
visions of  this  Act  directed  to  be  made  in  every  such  contract, 
together  with  the  name  of  each  laborer  or  mechanic  who  has  been 
required  or  j)ermitted  to  labor  in  violation  of  such  stipulation  and 
the  (lav  of  such  violation,  and  the  amount  of  the  penalties  imposed 
acc<>rdiii<r  to  the  stipulation  in  any  such  contract  shall  be  directed 
to  be  withheld  for  the  use  and  benefit  of  the  United  States,  the  Dis- 
trict of  Columbia,  or  the  Territory  contracting  by  the  officer  or 
person  whose  duty  it  shall  be  to  apjirovc  ihe  payment  of  the  moneys 
due  under  such  contract,  whether  the  violation  of  the  provisions  of 
such  contract  is  by  the  contractor  or  any  subcontractor.  Any  con- 
tractor or  subcontractor  aggrieved  by  the  withholding  of  any  penalty 
as  hereinbefore  provided  shall  have  the  right  within  six  months 
thereafter  to  appeal  to  the  head  of  the  department  making  the  con- 
tract on  behalf  of  the  United  States  or  the  Territory,  and  in  the 
case  of  a  contract  made  by  the  District  of  Columbia  to  the  Commis- 
sioners thereof,  who  shall  have  power  to  review  the  action  imposing 
the  penalty,  and  in  all  such  apj^eals  from  such  final  order  whereby 
a  contractor  or  subcontractor  may  be  aggrieved  by  the  imposition 
of  the  jjenalty  hereinbefore  provided  such  contractor  or  subcontractor 
may  within  six  months  after  decision  by  such  head  of  a  department 
or  the  Commissioners  of  the  District  of  Columbia  file  a  claim  in  the 
Court  of  Claims,  which  shall  have  jurisdiction  to  hear  and  decide 
the  matter  in  like  manner  as  in  other  cases  before  said  court. 

Act  not  to  apply  to  contracts  for  transportation,  or  the  transmission  of  intelli- 
gence or  purchase  of  supplies;  penalties  not  to  be  imposed  for  violations 
due  to  extraordinary  events  or  conditions  or  emergencies;  act  August  1, 
1892,  c.  352.  not  repealed  or  modified. 

Skc.  2.  That  nothing  in  this  Act  shall  apply  to  contracts  for  trans- 
portation by  land  or  water,  or  for  the  transmission  of  intelligence,  or 
for  the  purchase  of  supplies  by  the  Government,  whether  manufac- 
tured to  conform  to  particular  specifications  or  not.  or  for  such  mate- 
rials or  articles  as  may  usiuilly  be  bought  in  open  market.  *  *  * 
whether  made  to  conform  to  particular  specifications  *  *  *  Pro- 
ruJ<<J,  That  all  classes  of  work  which  have  been,  are  now,  or  may 
hereafter  be  ])erformed  by  the  (lovernnu-nt  shall,  when  done  by  con- 
tract, by  individuals,  firms,  or  corporations  for  or  on  behalf  of  the 
United  States  or  any  of  the  Territories  or  the  District  of  Columbia, 
l)e  )M'rforuM'«l  in  accordance  with  the  terms  and  provisions  of  section 
oiu'  of  this  .Vet.  *  *  *  Xo  penalties  shall  be  imposed  for  any 
violation  of  such  provision  in  such  contract  due  to  any  extraordinary 
events  or  conditicms  of  manufacture,  or  to  any  emergency  caused  by 
fire,  famine,  or  flood,  by  danger  to  life  or  to  |)roperty.  or  by  other 
extraordinary  event  or  condition  on  account  of  which  the  President 
shall  subse(|uently  declare  the  violation  to  have  been  excu.sable. 
Nothing  in  this  Act  shall  be  c<mstrued  to  repeal  or  modify  the  Act 
entitled  ".\n  .\ct  relating  to  the  limitation  of  the  hour>  of  daily 
service  of  laborers  and  mechanics  employed  upon  the  i)ublic  works 
of  (he  Uniteil  States  and  of  the  District  of  Columbia  "  being  chai)ter 
three  hundred  and  fifly-two  of  the  laws  of  the  Fifty-.second  Congress, 
approved  .Vugust  tirst,  eightiHMi  hundred  and  ninety-two,  =•=  *  * 
or  apply  to  contracts  which  have  been  or  niav  be  entered  into  under 


il 
II 


CONTRACTS.  329 

the  provisions  of  appropriation  Acts  approved  prior  to  the  passage 
of  this  Act. 

Act  June  19.  1912.  c.  174.  s.  2,  .S7  Stnt.  i:W. 

Act  Ausrust  1.  1892,  c.  352.  mentioned  in  this  act,  is  set  forth  above. 

Time  of  taking  effect  of  Act. 

Sec.  3.  That  this  Act  shall  become  effective  and  be  in  force  on  and 
after  Janiiar\'  first,  nineteen  hundred  and  thirteen. 

Act  June  19,  1912,  c.  174,  s.  3.  37  Stat.  138. 

ACT  MARCH  4.  1909,  c.  321.      (35  Stat.  1088.) 

Persons  interested  in  corporations,  etc.,  not  to  act  as  officer  or  agent  of  United 
States  in  transaction  of  business  with  such  corporations,  etc. 

Sec.  41.  No  officer  or  agent  of  any  corporation,  joint  stock  company, 
or  association,  and  no  member  or  agent  of  any  firm,  or  person  directly 
or  indirectly  interested  in  the  pecuniary  profits  or  contracts  of  such 
corporation,  joint  stock  company,  association,  or  firm,  shall  be  em- 
ployed or  shall  act  as  an  officer  or  agent  of  the  Ignited  States  for  the 
transaction  of  business  with  such  corporation,  joint  stock  company, 
association,  or  firm.  Whoever  shall  violate  the  provision  of  this  sec- 
tion shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned 
not  more  than  two  years. 

Act  March  4.  1909,  c.  321,  s.  41,  35  Stat.  1097. 

This  is  n  section  of  '"An  act  to  codify,  revise,  and  nniend  the  penal 
laws  of  the  United  States,"  cited  above,  iucorporatinfj  therein  tlie  pro- 
visions of  Rev.  St.  sec.  1783,  which  section  is  expressly  repealed  by  section 
.341  of  this  act. 

Member  of  Congress  interested  in  public  contracts;  punishment;  contracts  void; 
repayment  of  consideration  advanced  by  United  States. 

Sec.  114.  Whoever,  being  elected  or  appointed  a  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after  his 
election  or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  directly  or  indii-ectlv,  himself. 
or  b}"  any  other  person  in  trust  for  him.  or  for  his  use  or  benefit,  or 
on  his  account,  undertake,  execute,  hold,  or  enjoy,  in  whole  or  in  ]')art, 
any  contrtu-t  or  agreement,  made  or  entered  into  in  behalf  of  the 
United  States  by  any  officer  or  person  authorized  to  make  contracts 
on  its  behalf,  shall  be  fined  not  more  than  three  thousand  dollars. 
All  contracts  or  agreements  made  in  violation  of  this  section  shall 
be  void;  and  whenever  any  sum  of  money  is  advanced  by  the  United 
States,  in  consideration  of  any  such  contract  or  agreement,  it  shall 
forthwith  he  repaid:  and  in  ca.se  of  failure  or  refusal  to  repay  the 
same  when  demanded  by  the  proper  officer  of  tlie  department  under 
whose  authority  such  contract  or  agreement  shall  have  been  made  or 
entered  into,  suit  shall  at  once  be  brought  against  the  person  so 
failing  or  refusing  and  his  sureties,  for  the  recovery  of  the  money  so 
advanced. 

Act  March  4,  V.MK  c.  321,  s.  114,  35  Slat.  1109. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cite<l  above.  incori>oratiiip  therein  the  pro- 
visions of  Rev.  St.  sec.  3789,  which  section  is  expressly  repi'iiled  by  section 
341  of  this  act. 

Making  official  contract  with  Member  of  Congfress;  punishment. 

Sec.  ll.'i.  Whoever,  being  an  ollicer  of  the  United  States,  shall 
on  behalf  of  the  United  States,  directly  or  indirectly  make  or  enter 


330         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

into  any  contract,  bargain,  or  agreement,  in  writing  or  otherwise, 
with  any  Member  of  or  Delegate  to  Congress,  or  any  Resident  Com- 
missioner, after  his  election  or  appointment  as  such  Member,  Dele- 
gate, or  Resident  Commissioner,  and  either  before  or  after  he  has 
qualified,  and  during  his  continuance  in  office,  shall  be  fined  not  more 
than  three  thousand  dollars. 

Act  March  4,  1909,  c.  321,  s.  115,  35  Stat.  1109. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visitins  uf  Kev.  St.  sec.  3742,  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 

Contracts  not  affected  by  two  preceding  sections. 

Sec.  11«).  Nothing  contained  in  the  two  preceding  sections  shall 
extend,  or  be  construed  to  extend,  to  any  contract  or  agreement  made 
or  entered  into,  or  accepted,  by  any  incorporated  company,  where 
such  contract  or  agreement  is  made  for  the  general  benefit  of  such 
incorporation  or  company;  nor  to  the  purchase  or  sale  of  bills  of 
exchange  or  other  property  by  any  Member  of  or  Delegate  to  Con- 
gress, or  Resident  Conmiissioner,  where  the  same  are  ready  for 
delivery,  and  payment  therefor  is  made,  at  the  time  of  making  or 
entering  into  the  contract  or  agreement. 

Act  March  4.  1909,  c.  321,  s.  116,  35  Stat.  1109. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
\  isions  of  Kev.  St.  sec.  3740,  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 

KEV.  ST.  SEC.  3741. 

Stipulation  in  contracts  that  no  Member  of  Congress  has  an  interest  therein. 

Sec.  3741.  In  every  such  contract  or  ao;reement  to  be  made  or 
entered  into,  or  accepted  by  or  on  behalf  of  the  United  States,  there 
shall  be  inserted  an  express  condition  that  no  member  of  or  delegate 
to  Congress  shall  be  admitted  to  any  share  or  part  of  such  contract 
or  agreement,  or  to  any  benefit  to  ari.se  thereupon. 

EEV.   ST.   SEC.  3743. 
Deposit  of  contracts. 

Sec.  .^743.  All  contracts  to  be  made,  by  virtue  of  any  law,  and  re- 
quiring the  advance  of  money,  or  in  any  manner  connected  with  the 
settlement  of  public  accounts,  shall  be  deposited  promptly  in  the 
oflices  of  the  Aiulitors  of  the  Treasury,  according  to  the  nature  of  the 
contracts:     *     ♦     * 

Rev.   St.  sec.  3743.  as  amended  by  act  February  27,  1877.  c.  09,  8.  1, 
19  Stat.  240,  and  act  July  1,  1894,  c.  174,  s.  18,  28  Stat.  210. 

REV.  ST.   SEC.  3826. 

Public.ition  of  advertisements,  notices,  and  proposals  for  contracts. 

Sec.  3820.  All  advertisements,  notices,  and  propo.sals  for  contracts 
for  all  the  E.xeeiitive  Departments  of  the  Government,  *  *  * 
shall  hereafter  be  advertised  by  i)ublicati()n  in  the  three  daily  pa|)ers 
^  published  in  the  District  of  Colmnbin  having  the  largest  circulation, 
one  of  which  shall  be  selected  by  the  Clerk  of  the  House  of  Repre- 
ficntntive.^.  and  in  no  others.     The  charges  for  such  publications  shall 


CONTRACTS.  331 

not  be  hio^her  than  such  as  ari'  jiaid  by  individuals  for  advertising 
in  said  papers,  and  the  same  publications  shall  be  made  in  each  ot 
the  said  papers  equally  as  to  frequency:  Provided^  That  no  adver- 
tisement to  any  State,  district,  or  Territory,  other  than  the  District 
of  Columbia,  Maryland,  or  Virsjinia,  shall  be  published  in  the  papers 
designated,  unless  at  the  direction  first  made  of  the  proper  head  of 
a  Department:     *     *     * 

ACT  JULY  31,  1876.  c.  246.      (19  Stat.  102.) 
Advertisements  for  contracts  in  District  of  Columbia. 

*  *  *  in  no  case  of  advertisement  for  contracts  for  the  public 
service  shall  the  same  be  published  in  any  newspaper  published  and 
printed  in  the  District  of  Columbia  unless  the  supplies  or  labor 
covered  by  such  advertisement  are  to  be  furnished  or  performed  in 
said  District  of  Columbia. 

Act  July  31.  1876.  c.  24G,  s.  1,  19  Stnt.  lOo. 

This  is  a  provision  of  tlie  sundry  civil  appropriation  act  for  the  fiscal 
year  1877,  cited  above. 

ACT  JUNE  20,  1873,  c.  359.      (20  Stat.  206.) 

Rate  of  payment  for  advertisements,  notices,  proposals  for  contracts,  etc. 

That  hereafter  all  advertisements,  notices,  proposals  for  contracts, 
and  all  forms  of  advertising  required  by  law  for  the  several  depart- 
ments of  the  government  may  be  paid  for  at  a  price  not  to  exceed 
the  commercial  rates  charged  to  private  individuals,  with  the  usual 
discounts;  such  rates  to  be  ascertained  from  sworn  statements  to  be 
furnished  by  the  proprietors  or  publishers  of  the  newspapers  pro- 
posing so  to  advertise:  *  *  *  b^t  the  heads  of  the  several  de- 
partments may  secure  lower  terms  at  special  rates  whenever  the 
public  interest  requires  it. 

Act  June  20,  1878.  c.  359.  s.  1.  20  Stat.  21G. 

This  is  a  provision  of  the  sundry  civil  approprliition  act  for  the  fiscal 
year  1879,  cited  above. 

ACT  JANUARY  21,  1881,  c.  25.     An  act  to  regulate  the  award  of  and  conipensji- 
tioii  fcv  pi;lilic  a.ivert'sinir  in  the  District  of  Colmnbia.     (21   Stat.  317.) 

Advertising  in  District  of  Columbia;  rates  of  payment. 

That  all  advertising  required  by  existing  laws  to  be  done  in  the 
District  of  Columbia  by  any  of  the  departments  of  the  government 
-hall  be  given  to  one  daily  and  one  weekly  newspaper  of  each  of  the 
two  principal  political  parties  and  to  one  daily  and  one  weekly 
neutral  newspaper:  Provided,  That  the  rates  of  compensation  for 
such  service  shall  in  no  case  exceed  the  regular  commercial  rate  of 
the  newspapers  selected;  nor  shall  any  adverti.?ement  be  paid  for 
unless  published  in  accordance  with  section  thirty-eight  hundred  and 
nventy-eight  of  the  Revised  Statutes. 

Act  January  21.  1881.  c.  25,  s.  1,  21  Stat.  317. 

Rev.  St.  sec.  3828,  mentioned  in  this  provision,  is  set  forth  below. 

Repeal. 

Sec.  -2.  All  laws  or  parts  of  laws  inconsistent  herewitli  are  hereby 

repealed. 

Act  January  21,  1881,  c.  25.  s. 


332         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTUBE. 

REV.  ST.  SEC.  3828. 

No  publication  of  advertisement,  notice,  or  proposal,  without  authority. 

Sec.  ys-is.  No  adverliseineiit.  notice,  or  proposal  for  any  Executive 
Department  of  the  (Toxernnient,  or  for  any  Bureau  thereof,  or  for 
any  oflice  therewith  connected,  shall  be  published  in  any  newspaper 
whatever,  except  in  pui-suance  of  a  written  authority  for  such  pub- 
lication from  the  head  of  such  Department;  and  no  bill  for  any  such 
advertising,  or  publication,  shall  be  paid,  unless  there  be  presented, 
with  such  bill,  a  copy  of  such  written  authority. 

ACT  FEBRUARY  24.  1905,  c.  778.  An  act  to  amend  an  act  approved  August 
thirieonih,  oifilittHMi  l)uiidre<l  and  ninety-four,  entitled  "An  act  for  the 
protet'tion  of  jiersous  funiishiiisi  nuiterials  and  labor  for  the  construction 
of  public  works."     (33  Stat.  811.) 

Bonds  of  contractors  for  public  buildings  or  works;  rights  of  persons  furnishing 
labor  and  materials;  remedies  on  bonds  in  actions  thereon. 

That  the  Act  entitled  "'An  Act  for  the  protection  of  persons  fur- 
nishing materials  and  labor  for  the  construction  of  public  works," 
ai)i)roved  August  thirteenth,  eighteen  hujidred  and  ninety-four,  is 
hereby  amended  so  as  to  read  as  follows: 

"That  hereafter  any  person  or  persons  entering  into  a  formal  con- 
tract with  the  United  States  for  the  construction  of  any  public 
building,  or  the  prosecution  and  completion  of  any  ])ublic  work,  or 
for  repairs  upon  any  public  building  or  public  work,  shall  be  re- 
quired, before  commencing  such  work,  to  execute  the  usual  penal 
bond,  with  good  and  sufficient  sureties,  with  the  additional  obliga- 
tion that  such  contractor  or  contractors  shall  i)romptly  make  pay- 
ments to  all  person.s  supplying  him  or  them  with  lal)or  and  materials 
in  the  pro.secution  of  the  work  provided  for  in  such  contract;  and 
any  person,  company,  or  corporation  who  has  furnished  labor  or 
materials  used  in  the  construction  or  repair  of  any  public  building 
or  public  work,  and  payment  for  which  has  not  been  made,  shall 
have  the  right  to  intervene  and  be  made  a  party  to  any  action  insti- 
tuted by  the  United  States  on  the  bond  of  the  contractor,  and  to 
have  their  rights  and  claims  adjudicated  in  such  action  and  judgment 
reudered  thereon,  sul)ject,  however,  to  the  priority  of  the  claim  and 
judgment  of  the  United  States.  If  the  full  amount  of  the  liability 
of  the  surety  on  said  lx)nd  is  insufficient  to  pay  the  full  amount 
of  said  claiuis  and  demands,  then,  after  paying  the  full  amount  due 
(he  United  Slates,  the  reiuainder  shall  be  disti'ibuted  pro  rata  among 
said  intervenei-s.  If  no  suit  should  be  brought  by  the  United  States 
within  >ix  months  froui  the  completion  and  fiiuil  settlement  of  said 
rontract.  then  the  person  oi-  persons  supplying  the  contractor  with 
lal>or  and  materials  shall,  upon  application  therefor,  and  furnish- 
ing affidavit  to  the  Department  under  the  direction  of  which  said 
work  has  been  luo-ccuted  that  labor  or  materials  for  the  pro.secution 
of  such  work  has  1-h\mi  supplied  by  him  or  them,  and  j^ayment  for 
which  has  not  been  nuide.  be  furnished  with  a  certified  copy  of  said 
contract  and  Inrnd.  upon  which  he  or  they  shall  have  a  right  of  action, 
and  shall  be,  and  are  hereby,  authoi'i/.ed  to  bring  suit  in  the  name 
of  tile  I'liited  States  in  the  circuit  court  of  the  United  States  in  the 
district  in  which  said  contract  was  to  be  jierformed  and  executed, 
irrespective  of  the  amount  in  controversy  in  such  suit,  and  not  else- 
where, for  his  or  their  ust^  and  IxMiefit.  against  said  contractor  and 
his  sureties,  and  to  prosecute  the  same  to  final  judgment  and  execii- 


PUBLIC    MONEYS   AND   ACCOUNTING.  333 

lion  :  Proi'fdi'd,  That  where  suit  is  instituted  by  any  of  such  creditors 
on  the  bond  of  the  contractor  it  sliall  not  be  commenced  until  after 
the  complete  performance  of  said  contract  and  linal  settlement 
thereof,  and  shall  be  commenced  within  one  year  after  the  perforiir- 
ance  and  final  settlement  of  said  contract,  and  not  later:  And  pro- 
dded furf/u/\  That  where  suit  is  so  instituted  by  a  creditor  or  by 
creditors,  only  one  action  shall  be  brou<;ht,  and  any  creditor  may 
file  his  claim  in  such  action  and  be  matle  party  thereto  within 
one  year  from  the  completion  of  the  work  under  said  contract,  and 
not  later.  If  the  recovery  on  the  bond  should  be  inadequate  to  pay 
the  amounts  found  due  to  all  of  said  creditors,  judi^inent  shall  be 
given  to  each  creditor  pro  rata  of  the  amount  of  the  recovery.  The 
surety  on  sjiid  bond  may  pay  into  court,  for  distribution  among 
said  claimants  and  creditors,  the  full  amount  of  the  sureties'  liability, 
to  wit,  the  penalty  named  in  the  bond,  le.ss  any  amount  which  said 
surety  may  have  had  to  pay  to  the  United  States  by  reason  of  the 
execution  of  said  bond,  and  upon  so  doing  the  surety  will  be  relieved 
from  further  liability:  Pronded  further^  That  in  all  suits  instituted 
under  the  provisions  of  this  Act  such  personal  notice  of  the  pendency 
of  such  suits,  informing  them  of  their  right  to  intervene  as  the  court 
may  order,  shall  be  given  to  all  known  creditoi's,  and  in  addition 
thereto  notice  of  publication  in  some  newspaper  of  general  circula- 
tion, published  in  the  State  or  town  where  the  contract  is  being  per- 
formed, for  at  least  three  successive  weeks,  the  last  publication  to 
be  at  least  three  months  before  the  time  limited  therefor." 

Act  February  24,  1005,  c.  778.  33  Stat.  811,  amending  act  August  13, 
1894.  c.  280.  28  Stat.  278. 

ACT  MARCH  4.  1909,  c.  321.      (35  Stat.  1088.) 
Officer  making  false  acknowledgments;  punishment. 

Sec.  31.  Whoever,  being  an  officer  authorized  to  administer  oaths 
or  to  take  and  certify  acknowledgments,  shall  knowingly  make  any 
false  acknowledgment,  certificate,  or  .statement  concerning  the  appear- 
ance before  him  or  the  taking  of  an  oath  or  affirmation  by  any  j^erson 
with  respect  to  any  proposal,  contract,  bond,  undertaking,  or  other 
matter,  submitted  to,  made  W'ith,  or  taken  on  behalf  of,  the  United 
States,  and  concerning  which  an  oath  or  affirmation  is  required  bv  law 
or  regulation  made  in  pursuance  of  law,  or  with  respect  to  the  finan- 
cial standing  of  any  principal,  surety,  or  other  party  to  any  such 
proposal,  contract,  bond,  undertaking,  or  other  instrument,  shall  be 
fined  not  more  than  two  thousand  dollars,  or  imprisoned  not  more 
than  two  years,  or  both. 

Act  March  4.  lf)09,  c.  321,  s.  .'il,  35  Stat.  1094. 

This  is  a   .section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  I'nited  States."  cited  above. 


PUBLIC   MONEYS   AND  ACCOUNTING. 

HEV.   ST.   SEC.  236. 

Public  accounts  to  be  settled  in  the  Department  of  the  Treasury, 

Sec.  23G.  All  claims  and  demands  whatever  by  the  United  States 
or  again.st  them,  and  all  accounts  whatever  in  which  the  United 
States  are  concerned,  either  as  debtors  or  as  creditors,  shall  be  settled 
and  adjusted  in  the  Department  of  the  Treasury. 


334         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

EEV.   ST.   SEC.   237. 
Commencement  of  the  fiscal  year. 

Sec.  237.  The.  fiscal  year  of  the  Treasury  of  the  United  States 
in  all  matters  of  accounts,  receipts,  expenditures,  estimates,  and  appro- 
priations, *  *  *  shall  commence  on  the  first  day  of  July  in  each 
year;  and  all  accounts  of  receipts  and  expenditures  required  by  law 
to  be  published  annually  shall  be  prepared  and  published  for  the  fiscal 
year  as  thus  established.     *     *     * 

EEV.  ST.  SEC.  3615, 

Collectors  of  public  moneys  to  pay  over. 

Sec.  3G15.  All  collectors  and  receivers  of  public  money  of  every  de- 
scription, within  the  District  of  Columbia,  shall,  as  often  as  they 
may  be  directed  by  the  Secretary  of  the  Treasury  or  the  Postmaster- 
General  so  to  do,  pay  over  to  the  Treasurer  of  the  United  States,  at 
the  Treasury,  all  public  moneys  collected  by  them  or  in  their 
hands.     *     *     * 

REV.   ST.   SEC.  3616. 

Other  persons  having  public  moneys  may  pay  into  Treasury. 

Sec.  3G16.  All  *  *  *  other  persons  than  those  mentioned  in 
the  preceding  section,  having  public  money  to  pay  to  the  United 
Stat<?s,  may  pay  the  same  to  any  depositary  constituted  by  or  in  pur- 
suance of  law,  which  may  be  designated  by  the  Secretary  of  the 
Treasurj'. 

REV.  ST.  SEC.  3617. 

Moneys  to  be  deposited  without  deduction. 

Sec.  3617.  The  gross  amount  of  all  moneys  received  from  whatever 
source  for  the  use  of  the  United  States,  except  as  otherwise  provided 
in  the  next  section,  shall  be  paid  by  the  officer  or  agent  receiving 
the  same  into  the  'J'reasurv,  at  as  early  a  day  as  practicable,  without 
an}'  abatement  or  deduction  on  account  of  salary,  fees,  costs,  charges, 
expenses,  or  claim  of  any  description  whatever.     *     *     * 

REV.  ST.  SEC.  3618. 
Proceeds  of  sales  of  property. 

Sec.  3C)18.  All  proceeds  of  sales  of  old  material,  condemned  stores, 
supplies,  or  other  public  property  of  any  kind,  except  *  *  *  ma- 
terials, stores,  or  supplies  to  any  exploring  or  surveying  expedition 
authorized  by  law,  shall  be  deposited  and  covered  into  the  Treasury 
as  miscellaneous  receipts,  on  account  of  "  proceeds  of  Government 
property,"  and  shall  not  be  withdrawn  or  applied,  except  in  conse- 
quence of  a  subsequent  appropriation  made  by  law. 

ACT  JUNE  8,  1896.  0.  373.      (29  Stat.  267.) 

Payment  of  expenses  of  sales  of  property  from  proceeds. 

That  from  tlio  proceeds  of  sales  of  old  material,  condemned  stores, 
supplies,  or  other  public  property  of  any  kind,  before  being  deposited 
into  the  Treasury,  either  as  miscellaneous  receipts  on  account  of  ''  pro- 
ceeds of  (iovernment  property  "  or  to  the  credit  of  the  appropriations 


PUBLIC    MONEYS   AND  ACCOUNTING.  335 

to  which  such  proceeds  are  by  law  authorized  to  be  made,  there  may 
be  paid  the  expenses  of  such  sales,  as  approved  by  the  accounting  offi- 
cers of  tlie  Treasury,  so  as  to  require  only  the  net  proceeds  of  such 
sales  to  be  deposited  into  the  Treasury,  either  as  miscellaneous  receipts 
or  to  the  credit  of  such  appropriations,  as  the  case  may  be. 

Act  June  8,  1896.  c.  373.  29  Stnt.  268. 

This  is  a  provision  of  the  deficiency  appropriation  act  for  the  fiscal 
year  3896.  cited  nbove. 

A  detaiied  statement  of  the  proceeds  of  all  sales  of  old  material,  etc., 
is  reqniretl  to  be  included  in  the  appendix  to  the  Book  of  Estimates,  by 
Rev.  St.  sec.  3672,  set  forth  on  p.  314,  ante,  under  "  Estimates  and  Re- 
iwrts." 

BEV.  ST.   SEC.  3619. 

Penalty  for  withholding  money. 

Sec.  3019.  Every  officer  or  agent  who  neglects  or  refuses  to  com- 
ply with  the  provisions  of  section  thirty-six  hundred  and  seventeen 
shall  be  subject  to  be  removed  from  office,  and  to  forfeit  to  the  United 
States  any  share  or  part  of  the  moneys  withheld,  to  which  he  might 
otherwise  be  entitled. 

KEV.   ST.  SEC.  3620. 
Duty  of  disbursing  officers. 

Sec.  3620.  It  shall  be  the  duty  of  every  disbursing  officer  having 
any  public  money  intrusted  to  him  for  disbursement,  to  deposit  the 
same  with  the  Treasurer  or  some  one  of  the  assistant  treasurers  of 
the  United  States,  and  to  draw  for  the  same  only  as  it  may  be  re- 
quired for  payments  to  be  made  by  him  in  pursuance  of  law  and 
draw  for  the  same  only  in  favor  of  the  persons  to  whom  payment  is 
made;  and  all  transfers  from  the  Treasurer  of  the  United  States 
to  a  disbursing  officer  shall  be  by  draft  or  warrant  on  the  Treasury 
or  an  assistant  treasurer  of  the  United  States.  In  places,  however, 
where  there  is  no  treasurer  or  assistant  treasurer,  the  Secretary  of 
the  Treasury  may,  when  he  deems  it  essential  to  the  public  interest, 
specially  authorize  in  writing  the  deposit  of  such  public  money  in 
any  other  public  depository,  or,  in  writing,  authorize  the  same  to  be 
kept  in  any  other  manner,  and  under  such  rules  and  regulations  as 
he  may  deem  most  safe  and  effectual  to  facilitate  the  payments  to 
public  creditors. 

EEV.  ST.  SEC.  3621. 

Sec.  3621.  Every  person  who  shall  have  moneys  of  the  United 
States  in  his  hands  or  possession,  and  disbursing  officers  having 
moneys  in  their  possession  not  required  for  current  expenditure,  shall 
pay  the  same  to  the  Treasurer,  an  Assistant  Treasurer,  or  some  public 
depositary  of  the  United  States,  without  delay,  and  in  all  cases  with- 
in thirty  days  of  their  receipt.  And  the  Treasurer,  the  Assistant 
Treasurer,  or  the  public  depositary  shall  issue  duplicate  receipts  for 
the  moneys  so  paid,  transmitting  forthwith  the  original  to  the 
Secretary  of  the  Treasury,  and  delivering  the  duplicate  to  the 
depositor:    *    *    * 

Rev.  St.  sec.  3621,  as  ameude<l  by  act  May  28,  1896,  c.  252,  s.  5,  29 
Stat.  179. 


336         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

REV.   ST.  SEC.  3622. 

Time  and  manner  of  rendering  accounts  for  public  money  received. 

Sec.  3022.  Every  officer  or  agent  of  the  United  States  who  receives 
public  money  wliich  he  is  not  authorized  to  retain  as  salary,  pay,  or 
emohnnent,  .shall  render  his  accounts  monthly.  Such  accounts,  with 
the  vouchers  necessary  to  the  correct  and  prompt  settlement  thereof, 
shall  he  .^ent  b}'  mail,  or  otherwise,  to  the  Bureau  to  which  they  per- 
tain, within  ten  days  after  the  expiration  of  each  successive  month, 
and.  after  examination  there,  shall  be  passed  to  the  proper  accounting 
officer  of  the  Treasury  for  settlement.  *  *  *  Jn  ca.se  of  the  non- 
receipt  at  the  Treasury  or  proper  Bureau,  of  any  accounts  within  a 
reasonable  and  proper  time  thereafter,  the  officer  whose  accounts  are 
in  default  shall  be  required  to  furnish  satisfactory  evidence  of  having 
complied  with  the  provisions  of  this  section.  Nothing  herein  con- 
tained shall,  however,  he  construed  to  restrain  the  heads  of  any  of 
the  Departments  from  requiring  such  other  returns  or  reports  from 
the  officer  or  agent,  subject  to  the  control  of  such  heads  of  Depart- 
ments, as  the  public  interests  may  require. 

Rev.  St.  sec.  3622,  as  amendeti  by  act  February  27.  1877,  c.  09.  s.  1.  19 
Stat.  249,  and  act  July  31,  1894.  c.  174.  s.  12,  28  Stat.  209. 

ACT  AUGUST  30,  1890.  c.  837.      (26  Stat.  371.) 
Accounts  of  disbursing  officers. 

Sec.  4.  That  hereafter  all  disbursing  officers  of  the  United  States 
shall  render  their  accounts  quarterly;  *  *  *  |)iit  the  Secretary  of 
the  Treasury  may  direct  any  or  all  such  accounts  to  be  rendered  more 
frequently  when  in  his  judgment  the  public  interests  may  require. 

Act  August  30,  1890,  c.  837,  s.  4,  20  Stat,  413. 

This  sec'tiou  is  a   part  of  the  sundry  civil   appropriatiou  act   for  the 
fiscal  year  1891.  cited  above. 

ACT  JULY  31.  1894,  c.  174.      (28  Stat.  162.) 

Comptroller  of  Treasury  to  prescribe  forms  of  keeping  and  rendering  accounts. 

Sec.  5.  The  Comptroller  of  the  Treasury  shall,  under  the  direction 
of  the  Secretary  of  the  Treasury,  prescribe  the  forms  of  keeping  and 
rendering  all  public  accounts,  except  those  relating  to  the  postal 
revenues  and  expenditures  therefrom. 

Act  July  31,  1894,  c.  174.  s.  5,  28  Stat.  206. 

Certified  balances  conclusive  on  departments;  revision  of  accounts;  accepting 
payment  on  auditor's  settlement,  conclusive;  decisions  of  auditors  to  be 
examined  by  comptroller;   comptroller's  decisions  to  govern. 

Sec.  8.  The  balances  which  may  from  time  to  time  be  certified  by 
the  Auditors  (o  the  Division  of  Bookkeeping  and  Warrants,  or  to  the 
Postmaster-General,  upon  the  settlements  of  public  accounts,  shall  be 
final  and  conclusive  upoy  the  Executive  Branch  of  the  Government, 
except  that  any  person  whose  accounts  may  have  been  settled,  the  head 
of  the  KxecuUve  Department,  or  of  the  board,  commission,  or  estab- 
lishment licit  under  th(>  jurisdiction  of  an  Executive  Department,  to 
which  the  account  pertains,  or  the  Comptroller  of  the  Treasury,  may, 
williin  a  year,  obtain  a  revision  of  the  said  account  by  the  Comptroller 
of  the  Treasury,  whoso  decision  ujion  such  revision  shall  be  final  and 
conclusive  upon  the  P^xecutive  Branch  of  the  Government:  Provided^ 


PUBLIC    MONEYS   AND   ACCOUNTING.  337 

That  the  Socretai'v  of  the  Treasury  may,  wlien  in  his  jiidojineiit  the 
interests  of  tlie  (ioveriunent  require  it,  suspeiui  payment  and  direct 
the  re-examination  of  any  account. 

Upon  a  certificate  by  tlie  Comptroller  of  the  Treasury  of  any  ditfer- 
ences  ascertained  by  him  upon  revision  the  Auditor  who  shall  have 
audited  the  account  shall  state  an  account  of  such  ditferenct^,  and 
certify  it  to  the  Division  of  Bookkeepino:  and  Warrants,  except  that 
balances  found  and  accounts  stated  as  aforesaid  by  the  iVuditor  for 
the  Post-Office  Department  for  postal  revenues  and  exixmditures 
therefrom  shall  be  certified  to  the  Postmaster-tieneral. 

Any  person  accepting-  payment  under  a  settlement  by  an  Auditor 
shall  be  thereby  precluded  from  obtaining  a  revision  of  such  settle- 
ment as  to  any  items  upon  which  payment  is  accepted :  but  nothing 
in  this  Act  shall  prevent  an  Auditor  from  suspending  items  in  an 
account  in  order  to  obtain  further  evidence  or  explanations  necessary 
to  their  settlement.  When  suspended  items  are  final!}'  settled  a 
revision  may  be  had  as  in  the  case  of  the  original  settlement.  Action 
upon  any  account  or  business  shall  not  be  delayed  awaiting  applica- 
tions for  revision  :  Provided^  That  the  Secretary  of  the  Treasury  shall 
make  regulations  fixing  the  time  which  shall  expire  before  a  warrant 
is  issued  in  payment  of  an  account  certified  as  provided  in  sections 
seven  and  eight  of  this  Act. 

The  Auditors  shall,  under  the  direction  of  the  Comptroller  of  the 
Treasury,  preserve,  with  their  vouchers  and  certificates,  all  accounts 
which  have  been  finally  adjusted. 

All  decisions  by  Auditors  making  an  original  construction  or  modi- 
fying an  existing  construction  of  statutes  shall  be  forthwith  reported 
to  the  Comptroller  of  the  Treasury,  and  items  in  any  account  aifected 
by  such  decisions  shall  be  suspended  and  payment  thereof  withheld 
until  the  Comptroller  of  the  Treasury  shall  approve,  disapprove,  or 
modify  such  decisions  and  certify  his  actions  to  the  Auditor.  All 
decisions  made  by  the  Comptroller  of  the  Treasury  under  this  Act 
shall  be  forthwith  transmitted  to  the  Auditor  or  Auditoi-s  whose 
duties  are  affected  thereby. 

Disbursing  officers,  or  the  head  of  any  Executive  Department,  or 
ther  establishment  not  under  any  of  the  Executive  Departments, 
may  apply  for  and  the  Comptroller  of  the  Treasury  shall  render  his 
decision  \\\w\\  any  question  involving  a  payment  to  be  made  by  them 
or  under  them,  which  decision,  when  rendered,  shall  govern  the 
Auditor  and  the  Comptroller  of  the  Treasury  in  passing  upon  the 
account  containing  said  disbursement. 

Act  July  31.  1894,  c.  174,  s.  8,  28  Stat.  207. 

Time  and  manner  of  rendering  accounts;   advances  of  money  withheld  on  de- 
linquency; annual  report  of  delinquencies. 

Sec.  12.  All  monthly  accounts  shall  be  mailed  or  otherwise  sent  to 
the  proper  officer  at  Washington  witliiu  ten  days  after  the  end  of  the 
month  to  which  thev  relate,  and  quarterly  and  other  accounts  within 
twenty  days  after  'the  period  to  wliich  they  relate,  and  shall  i>e 
transmitted  to  and  received  by  the  Auditors  within  twenty  days  of 
their  actual  i-eceipt  at  the  proper  office  in  Washington  in  the  case  of 
monthlv,  and  sixty  days  in  the  case  of  quarterly  antl  other  accounts. 
Should"  there  be  any  delinquency  in  this  regard  at  the  time  of  the 

71657—13 22 


338         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

receipt  by  the  Auditor  of  a  requisition  for  an  advance  of  money,  he 
shall  disapprove  the  requisition,  which  he  may  also  do  for  other 
reasons  arising  out  of  the  condition  of  the  officer's  accounts  for  whom 
the  advance  is  recjuested;  but  the  Secretary  of  the  Treasury  may 
overrule  the  Auditor's  decision  as  to  the  sufficiency  of  these  latter 
reasons:  Provided,  That  the  Secretary  of  the  Treasury  shall  pre- 
scribe suitable  rules  and  regulations,  and  may  make  orders  in  par- 
ticular cases,  relaxing  the  requirement  of  mailing  or  otherwise  send- 
ing accounts,  as  aforesaid,  within  ten  or  twenty  days,  or  waiving 
delinquency,  in  such  cases  only  in  which  there  is,  or  is  likely  to  be, 
a  manifest  physical  difficulty  in  complying  with  the  same,  it  being 
the  purpose  of  this  provision  to  require  the  prompt  rendition  of 
accounts  without  regard  to  the  mere  convenience  of  the  officers,  and 
to  forbid  the  advance  of  money  to  those  delinquent  in  rendering 
them :  Provided  fnrther^  That  should  there  be  a  delay  by  the  admin- 
istrative Departments  beyond  the  aforesaid  twenty  or  sixty  days  in 
transmitting  accounts,  an  order  of  the  President,  or,  in  the  event  of 
the  absence  from  the  seat  of  Government  or  sickness  of  the  Presi- 
dent, an  order  of  the  Secretary  of  the  Treasury,  in  the  particular 
case,  shall  be  necessary  to  authorize  the  advance  of  money  re- 
quested:   *     *    * 

The  Secretary  of  the  Treasury  shall,  on  the  first  Monday  of  Janu- 
ary in  each  year,  make  report  to  Congress  of  such  officers  and  ad- 
ministrative departments  and  offices  of  the  Government  as  were, 
respectively,  at  any  time  during  the  last  preceding  fiscal  year  delin- 
quent in  rendering  or  transmitting  accounts  to  the  proper  offices  in 
Washington  and  the  cause  therefor,  and  in  eacli  case  indicating 
whether  the  delinquency  was  waived,  together  with  such  officers 
*  *  *  as  were  found  upon  final  settlement  of  their  accounts  to 
have  been  indebted  to  the  Government,  with  the  amount  of  such 
indebtedness  in  each  case,  and  who,  at  the  date  of  making  report, 
had  failed  to  pay  the  same  into  the  Treasury  of  the  United  States. 

Art  July  31.  1894.  c.  174.  s.  12.  28  Stat.  209,  as  .iniemled  by  act  >Lircli  2, 
1895,  c.  177,  s.  4,  28  Stat.  807,  and  act  May  28,  189G,  c.  252,  s.  4,  29  Stat. 
179. 

Regulations  by  heads  of  departments  for  administrative  examination  of  ac- 
counts. 

Sec.  22.  *  *  *  \{  shall  also  be  the  duty  of  the  heads  of  the 
several  Executive  Dei)artments  and  of  the  proper  officers  of  other 
Government  estal)]i.sliments,  not  within  the  jurisdiction  of  any  Exec- 
utive Department,  to  irake  appropriate  rules  and  rcguhitions  to 
secure  a  proper  administrative  examination  of  all  accounts  sent  to 
tliem.  as  required  by  section  twelve  of  this  Act,  before  their  ti-ans- 
missinn  to  the  Auditors,  and  for  tlie  execution  of  other  requirements 
of  this  Act  in  so  far  as  the  same  relate  to  the  several  Departments 
or  establishments. 

Act  .Tilly  31,  1894,  c.  174,  s.  22,  28  Stat.  210. 

ACT  AUGUST  23,  1912,  c.  350.      (37  Stat.  360.) 

Admlnistrntive  examin.ition  of  accounts:  vouchers  and  pay-rolls  to  be  prepared 
and  examined  by  heads  of  divisions  and  bureaus  of  departments  instead 
of  disbursing  clerks. 

Hereafter  tiie  administrative  examination  of  all  public  accounts, 
preliminary  to  their  audit  by  the  accounting  officers  of  the  Treasury, 


^11 


PUBLIC    MONEYS  AND  ACCOUNTING.  339 

shall  be  nitule  as  contemplated  by  the  so-called  Dockery  Act,  ap- 
proved July  thirty-first,  ei^^htoon  hundred  and  ninety-four,  and  all 
vouchers  and  pay  rolls  shall  be  prepared  and  exaniin.ed  by  and  (hrough 
the  administrative  heads  of  divisions  and  bureaus  in  the  executive 
departments  and  not  by  the  disbursing  clerks  of  said  departments, 
except  those  vouchers  heretofore  prepared  outside  of  Washington 
may  continue  to  be  so  prepared  and  the  disbursing  officers  ^hall 
make  only  such  examination  of  vouchers  as  may  be  necessary  to 
ascertain  whether  they  represent  legal  claims  against  the  United 
States. 

Act  August  23,  1912,  c.  350,  s.  1.  37  Stat.  375. 

These  ;ire  provisions  of  the  legislative,  executive,  and  Judicial  apirro- 
priation  act  for  the  fiscal  year  11)13,  cited  above. 

The  provisions  of  act  July  31,  1894,  c.  174,  mentioned  in  this  paragraph, 
are  set  forth  above. 

ACT  FEBRUARY  19,  1897,  c.  265.      (29  Stat.  538.) 
Inspection  of  books,  papers,  etc.,  of  disbursing  officers. 

All  books,  papers,  and  other  matters  relating  to  the  office  or  accounts 
of  disbursing  officers  of  the  Executive  Departments,  and  commissions, 
boards,  and  establishments  of  the  Government  in  the  District  of 
Columbia  shall  at  all  times  be  subject  to  inspection  and  examination 
by  the  Comptroller  of  the  Treasury  and  the  Auditor  of  the  Treasury 
authorized  to  settle  such  accounts,  or  by  the  duly  authorized  agents  of 
either  of  said  officials. 

Act  February  19,  1897,  c.  265,  s.  1,  29  Stat.  550. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  appro- 
pri.-ition  act  for  the  fiscal  year  1S9S,  cited  above. 

)EEV.  ST.  SEC.  3623. 

I  Distinct  accounts  required  of  application  of  public  moneys  according  to  appro- 
priations. 

Sec.  3023.  All  officers,  agents,  or  other  persons,  receiving  public 
moneys,  shall  render  distinct  accounts  of  the  application  thereof, 
according  to  the  appropriation  under  which  the  same  may  have  been 
advanced  to  them. 

lEEV.   ST.  SEC.  3624. 
Suits  to  recover  money  from  officers,  regulated. 

Sec.  3624.  Whenever  any  person  accountable  for  public  money, 
I  neglects  or  refuses  to  pay  into  the  Treasury  the  sum  or  balance  re- 
ported to  be  due  to  the  United  States,  upon  the  adjustment  of  his 
account,  the  First  Comptroller  of  the  Treasury  shall  institute  suit  for 
the  recovery  of  the  same,  adding  to  the  sum  stated  to  be  due  on  such 
account,  the  connnissions  of  the  delinquent,  which  shall  be  forfeited  in 
every  instance  where  suit  is  commenced  and  judgment  obtained 
thereon,  and  an  interest  of  six  per  centum  per  annum,  from  the  time 
of  receiving  the  money  until  it  shall  be  repaid  into  the  Treasury. 

The  Firf=t  r(inii)trol]er  of  the  Treasury  is  designated  Comptroller  of  the 
Treasury  by  act  July  31,  1894,  c.  174,  s.  4,  28  Stat.  205. 


REV.   ST.   SEC.   3625. 

Distress  warrant  against  delinquent  officer. 

Sec.  3025.  Whenever  any  collector  of  the  revenue,  receiver  of  pub- 
lic money,  or  other  officer  who  has  received  the  public  money  before 


840         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

it  is  paid  into  the  Treasury  of  the  United  States,  fails  to  render  hi 
account,  or  pay  over  the  same  in  the  manner  or  within  the  time  re 
quired  by  law,  it  shall  be  the  duty  of  the  proper  Auditor  to  cause  t( 
be  stated  tlie  account  of  such  oflicer,  exl:  biting  truly  the  amount  dui 
to  the  United  States,  and  to  certify'  the  same  to  the  Solicitor  of  th( 
Treasury,  who  -hall  issue  a  warrant  of  distress  against  the  delin 
quent  oflicer  and  his  sureties,  directed  to  the  marshal  of  the  district  ir 
whicli  such  officer  and  his  sureties  reside.     Where  the  officer  and  hi? 
suretias  reside  in  ditferent  districts,  or  where  they,  or  either  of  them 
reside  in  a  district  other  than  that  in  which  the  estate  of  either  maj 
be,  which  it  is  intended  to  take  and  sell,  then  such  warrant  shall  b( 
directed  to  the  marshals  of  such  districts,  respectively. 

liev.   St.  sec.  3625.  us  jiiuencled  by  act  .July  31.  1S94.  c.  174,  s.  4.  2i 
Stat.  20(;. 

REV.    ST.   SEC.   3626. 
Contents  of  distress  warrant. 

Sec.  3G2().  The  warrant  of  distress  .shall  specify  the  amount  with 
which  such  delinquent  is  chargeable,  and  the  sums,  if  any.  which 
have  been  paid. 

REV.   ST.   SEC.  3627. 

Execution  against  delinquent  officer. 

Sec.  ?>(\-2~.  The  nuirshal  authorized  to  execute  any  warrant  of  dis- 
tre.ss  shall,  by  himself  or  by  his  deputy,  proceed  to  levy  and  collect 
the  Sinn  renuiining  due,  by  distress  and  sale  of  the  goods  and  chattels 
of  such  delinquent  officer;  having  given  ten  days' previous  notice  of 
such  intended  sale,  bv  affixing;  an  advertisement  of  the  articles  to  be 
.sold  at  two  or  more  public  i)laces  in  the  town  and  county  where  the 
goods  or  chattels  were  taken,  or  in  the  town  or  county  where  liie 
owner  of  such  goods  or  chattels  may  reside.  If  the  goods  and  chat- 
tels be  not  sufficient  to  satisfy  the  warrant,  the  same  maj'  be  levied 
ujion  tlie  person  of  such  officer,  who  may  be  committed  to  ])rison, 
(here  to  remain  until  discharged  by  due  course  of  law. 

REV.  ST.  SEC.  3628. 
Execution  against  surety. 

vSkc.  IW>'2H.  If  the  delinquent  officer  aKsconds,  or  if  goods  and 
chattels  belonging  to  him  cannot  be  fomid  suflicient  to  satisfy  the 
warrant,  the  nuirshal  or  his  deputy  shall  ])roceed,  notwithstanding 
the  rommitiiient  of  the  deliiKpuMit  officer,  to  lew  and  collect  the  sum 
which  I'l'iiiains  duo  by  such  deliiKiuent.  by  the  distress  and  sale  of  the 
goods  and  chattels  of  his  sureties;  having  given  ten  days'  previous 
notice  of  such  intended  sale,  by  affixing  an  advertisement  of  the 
:irlicles  to  be  sold  at  two  or  more  pul>lic  placCvS  in  the  town  or  countj 
where  the  goods  or  chattels  were  taken,  or  in  the  town  or  county 
where  the  owner  resides. 


i 


REV.  ST.   SEC.   3629. 

levy  to  be  a  lien. 

Sec,  'MVIU.  The  amount  due  by  any  delinquent  officer  is  declared  tc 
l>e  a  lien  upon  the  lands,  tenements,  and  hereditaments  of  such  officei 
uiul  hi.s  sureties,  fi-oiu  the  d:ite  of  a  levy  in  pursuance  of  the  warrant 


PUBLIC    MONEYS  AND   ACCOUNTING.  341 

)f  distress  issued  n<rainst  him  or  them,  and  a  record  thereof  made  in 
he  offire  of  the  c\ovk  of  tlie  district  court  of  the  proper  district,  until 
.he  same  is  discharged  accord ini;  to  h>\v. 

lEV.   ST.   SEC.  3630. 
ale  of  lands  regulated. 

Skc.  SCioO.  For  want  of  o;oods  and  chattels  of  a  delincpient  officer,  or 
lis  sureties,  sufficient  to  satisfy  any  warrant  of  distress  i.ssued  pui-- 
uant  to  the  foregoing-  i)rovisions.  the  hinds,  tenements,  and  heredita- 
iicnts  of  such  officer  and  his  sureties,  or  so  much  thereof  as  maj'  be 
ucessary  for  that  ])urpose,  after  being  advertised  for  at  least  three 
vccks  in  not  less  than  three  pul)lic  places  in  the  county  or  district 
k  here  such  real  estate  is  situate,  before  the  time  of  sale,  shall  be  sold 
>y  the  marshal  of  such  district  or  his  deputy. 

.EV.  ST.  SEC.  3631. 
onveyance  of  lands. 

Sec-  3031.  For  all  lands,  tenements,  or  hereditaments  sold  in  pur- 
iUance  of  the  preceding  section,  the  conveyance  of  the  marshal  or  liis 
eputy,  executed  in  due  form  of  law,  shall  give  a  valid  title  against 
11  persons  claiming  under  such  delinquent  officer  or  his  sureties. 

EV.  ST.  SEC.  3632. 
isposal  of  surplus. 

Sec.  3632.  All  moneys  which  may  remain  of  the  proceeds  of  sales, 
Iter  satisfying  the  warrant  of  distress,  and  paying  the  reasonable 
is  and  charges  of  the  sale,  shall  be  returned  to  such  delinquent 
i,.cer  or  surety,  as  the  case  may  be. 

EV.   ST.  SEC.  3633. 

si  lure  of  disbursing  officer  to  account  or  pay  over;  penalty. 

.  Sec.  3633.  "Whenever  any  officer  employed  in  the  civil,  military,  or 
.aval  service  of  the  Government,  to  disburse  the  public  money  ap- 
ropriated  for  those  branches  of  the  public  service,  respectively,  fails 
;)  render  his  accounts,  or  to  pay  over,  in  the  manner  and  in  the  times 
|?quired  by  law.  or  by  the  regidations  of  the  Department  to  which 
e  is  accountable,  any  sum  of  money  remaining  in  his  hands,  it  shall 
[e  the  duty  of  the  proper  Auditor,  as  the  case  may  be,  who  shall  be 
■larged  with  the  revi.=;ion  of  the  accounts  of  such  officer,  to  cause  to 
<i  stated  and  certified  the  account  of  such  delinquent  officer  to  the 
lolicitor  of  the  Treasury,  who  is  hereby  authorized  and  required  im- 
liediately  to  proceed  against  such  delinquent  officer,  in  the  manner 
jirected  in  the  six  preceding  sections. 

■  Rev.   Sr.  soc.  3633.  as  amended  by  a.-t  .Tiily  31,  1894.  c.  17-i.  s.  4.  28 

Stat.  206. 

EV.  ST.  SEC.  3634. 

ctent  of  application  of  provision  for  distress  warrants. 

Sec.  3634.  All  the  provisions  relating  to  the  issuing  of  a  warrant 
j!  distress  against  a  delinquent  officer  shall  extend  to  every  officer 

•  the  Government  charged  with  the  disbursement  of  the  public 
joney,  and  to  their  sureties,  in  the  same  manner  and  to  the  same 
Icten't  as  if  thev  were  herein  described  and  enumerated. 


342         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

REV.  ST,  SEC.  3635. 

Postponement  of  proceedings  against  delinquent  officer. 

Sec.  3G85.  With  the  approval  of  the  Secretary  of  the  Treasury, 
the  institution  of  proceedings  by  a  warrant  of  distress  may  be  post- 
poned, for  a  rea.sonable  time,  in  cases  where,  in  his  opinion,  the  public 
interest  will  sustain  no  injury  by  such  postponement. 

REV.  ST.   SEC.  3638. 

Injunction  to  stay  distress  warrant. 

Sec.  3(536.  Any  person  who  considers  himself  aggrieved  by  any 
warrant  of  distress  issued  under  the  foregoing  provisions  may  prefer 
a  bill  of  complaint  to  any  district  judge  of  the  United  State.s,  setting 
forth  therein  the  nature  and  extent  of  the  injury  of  which  he  com- 
plains; and  thereupon  the  judge  may  grant  an  injunction  to  stay 
proceedings  on  such  warrant  altogether,  or  for  so  much  thereof  as 
the  nature  of  the  case  requires.  But  no  injunction  shall  issue  till 
the  party  applying  for  it  gives  bond,  with  sufficient  security,  in  a 
sum  to  be  prescribed  by  the  judge,  for  the  performance  of  such  judg- 
ment as  may  be  awarded  against  him;  nor  shall  the  issuing  of  such 
injunction  in  any  manner  impair  the  lien  produced  bv  the  issuing 
of  tiie  warrant.  And  the  same  proceedings  shall  be  had  on  such  in- 
junction as  in  other  cases,  except  that  no  answer  shall  be  necessary 
on  the  part  of  the  United  States;  and  if,  upon  dissolving  the  injunc- 
tion, it  appears  to  the  .satisfaction  of  the  judge  that  the  application 
for  th.e  injunction  was  merely  for  delay,  the  judge  may  add  to  the 
lawful  interest  assessed  on  all  sums  found  due  against  the  com- 
plainant sfich  damages  as,  with  such  lawful  interest,  shall  not  exceed 
the  rate  of  ten  per  centum  a  year.  Such  injunction  may  be  granted 
or  dissolved  by  the  district  judge  either  in  or  out  of  court. 

REV.  ST.  SEC.  3637. 

Proceedings  on  distress  warrant.  ^ 

Sec.  3637.  When  the  district  judge  refuses  to  grant  an  injunction 
to  stay  proceedings  on  a  distress-warrant,  as  aforesaid,  or  dissolves 
such  injunction  after  it  is  granted,  any  person  who  considers  himself 
tiggrieved  by  the  decision  in  the  premises  may  lay  before  the  circuit 
justice,  or  circuit  judge  of  the  circuit  within  which  such  district  lies. 
a  copy  of  the  proceeding  had  before  the  district  judge;  and  there- 
upon the  circuit  justice  or  circuit  judge  may  grant  an  injunction,  or 
permit  an  appeal,  as  the  case  may  be.  if,  in  his  opinion,  the  equity 
of  the  case  renuires  it.  The  same  proceedings,  subject  to  the  same 
conditions,  shail  be  had  upon  such  injunction  in  the  circuit  court  as 
8re  prescribed  in  tiie  district  court. 

REV.  ST.  SEC.  3638. 

Riglits  of  United  States  reserved. 

Sec.  3638.  Nothing  contained  in  the  provisions  of  this  Title  relat- 
ing to  distress-waii-ants  shall  be  construed  to  talco  away  or  inqiair 
>;nv  right  or  remedv  which  th**  T^nited  States  mi<jrht  have,  by  law. 
for  the  recovery  of  taxes,  debts,  or  demands. 


PUBLIC   MONEYS  AND  ACCOUNTING.  343 

EEV.  ST.  PEC.   3639. 

Duties  of  officers  as  custodians  of  public  moneys. 

Sec.  8039.  The  Treasurer  of  the  United  States,  all  assistant  treas- 
urers, and  these  performing  the  duties  of  assistant  treasurer,  *  *  * 
and  all  public  officers  of  whatsoever  character,  are  required  to  keep 
safely,  without  loaning,  using^  depositing  in  banks,  or  exchanging 
for  other  funds  than  as  specially  allowed  by  law,  all  the  public 
money  collected  by  them,  or  otherwise  at  any  time  placed  in  their 
possession  and  custody,  till  the  same  is  ordered,  by  the  proper  De- 
partment or  officer  of  the  Government,  to  be  transferred  or  paid  out; 
and  when  such  orders  for  transfer  or  payment  arc  received,  faith- 
fully and  promptly  to  make  the  same  as  directed,  and  to  do  and 
perform  all  other  duties  as  fiscal  agents  of  the  Government  which 
may  be  imposed  by  any  law,  or  by  any  regulation  of  the  Treasury 
Department  made  in  conformity  to  law.     *     *     * 

REV.  ST.   SEC.   3643. 

Entry  required  of  each  deposit,  transfer,  and  payment  of  public  moneys. 

Sec.  3G43.  All  persons  charged  by  law  with  the  safe-keeping,  trans- 
fer, and  disbursement  of  the  public  moneys  *  *  *  ^^e  required 
to  keep  an  accurate  entry  of  each  sum  received  and  of  each  payment 
or  transfer. 

REV.  ST.  SEC.   3646. 

Duplicates  of  lost,  stolen,  or  destroyed  disbursing  officer's  checks. 

Sec.  3646.  Whenever  any  original  disbursing  officer's  check  is  lost, 
stolen,  or  destroyed,  the  Secretary  of  the  Treasury  may  authorize 
the  officer  issuing  the  same,  after  the  expiration  of  six  months  and 
within  three  years  from  the  date  of  such  disbursing  officer's  check. 
to  issue  a  duplicate  thereof  upon  the  execution  of  such  bond  to 
indemnify  the  United  States  as  the  Secretary  of  the  Treasury  may 
prescribe:  Provided,  That  when  such  original  disbursing  officer's 
check  does  not  exceed  in  amount  the  sum  of  fifty  dollars  the  Secre- 
tary of  the  Treasury  may  authorize  the  issuance  of  a  duplicate  at  any 
time  after  the  expiration  of  thirty  days  and  within  three  years  from 
the  date  of  such  disbursing  officer's  check ;    *    *    * 

Rev.  St.  sec.  3646.  as  amended  by  act  February  16,  1SS5.  c.  123,  23  Stat. 
306,  act  March  23,  1906,  c.  1129,  34  Stat.  84,  act  June  19,  1006,  c.  3434, 
34  Stat.  SOI,  act  May  27,  1908,  c.  20G,  35  Stat.  415,  and  act  February  23, 
1909,  c.  174,  s.  1,  35  Stat.  643. 

REV.  ST.  SEC.  3647. 

Duplicate  of  lost,   destroyed,  or  stolen  check  when  officer  who  issued  same  is 
dead  or  no  longer  in  service. 

Sec.  3047.  In  case  the  disbursing  officer  or  agent  by  whom  such 
lost,  destroved.  or  stolen  original  check  was  issued  is  dead  or  no 
longer  in  the  service  of  the  United  States  it  shall  be  the  duty  of  the 
proper  accounting  officer,  under  such  regulations  as  the  Secretary  of 
the  Treasurv  mav  prescribe,  to  state  an  account  in  favor  of  tlie  owner 
of  such  original"  check  for  the  amount  thereof  and  to  charge  such 
amount  to  the  account  of  such  omcer  or  agent: 

Rev.  St.  sec.  3647.  as  amended  by  act  May  27.  1908.  c.  206,  35  Stat.  415, 
and  act  February  23,  1909,  c.^74,  s.  1,  35  Stat.  644. 


344         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

REV.  ST.  SEC.  300. 
Allowance  of  lost  checks. 

Sec.  300.  Whenever  the  disbursing  officer  or  agent  by  whom  was 
issued  any  check  which  has  been  lost,  destroyed,  or  stolen,  is  dead,  or 
no  longer  in  the  service  of  the  United  States,  the  proper  accounting 
officer  shall,  under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe,  state  an  account  in  favor  of  the  owner  of  such  original 
check  for  the  amount  thereof,  and  charge  such  amount  to  the  account 
of  such  officer  or  agent. 

BEV.  ST.  SEC.  306. 

Disposal  of  liabilities  outstanding  three  or  more  years. 

Sec.  306.  At  t1ie  termination  of  each  fiscal  year  all  amounts  of 
moneys  that  are  rei)resented  by  certificates,  draits,  or  checks,  issued 
by  the  Treasurer,  or  by  any  disbursing  officer  of  any  Department  of 
the  Government,  upon  the  Treasurer  or  any  assistant  treasurer,  or 
designated  dej^ositary  of  the  United  States,  or  upon  any  national 
bank  designated  as  a  depositary  of  the  United  States,  and  which 
shall  be  represented  on  the  books  of  either  of  such  offices  as  standing 
to  the  credit  of  any  disbursing  officer,  and  which  were  issued  to 
facilitate  the  payment  of  warrants,  or  for  any  other  purpo.se  in 
li(luidation  of  a  debt  due  from  the  United  States,  and  which  have 
for  three  years  or  more  remained  outstanding,  unsatisfied,  and  un- 
paid, shall  be  deposited  by  the  Treasurer,  to  be  covered  into  the 
Treasury  by  warrant,  and  to  be  carried  to  the  credit  of  the  parties 
in  whose  favor  such  certificates,  drafts,  or  checks  were  respectively 
issued,  or  to  the  persons  who  are  entitled  to  receive  pay  therefor,  and 
into  an  appropriation  account  to  be  denominated  "outstanding 
liabilities." 

REV.  ST.   SEC.   307. 

Vouchers  for  drafts  remaining  outstanding  for  three  or  more  years. 

Sec.  307.  The  certificate  of  the  Secretary  of  the  Treasury,  stating 
that  the  amount  of  any  draft  issued  by  tlie  Treasurer,  to  facilitate 
the  payment  of  a  warrant  dii-ected  to  him  for  payment,  has  remained 
outstanding  and  un|)aid  for  three  years  or  more,  and  has  been  de- 
posited and  covered  into  the  Treasury  in  the  manner  prescribed  by 
the  preceding  section,  .shall  Ix",  when  attached  to  any  s\ich  warrant, 
a  sufficient  voucher  in  satisfaction  of  any  such  warrant  or  part  of 
any  warrant,  the  same  as  if  the  drafts  correctly  indorsed  and  fully 
satisfied  were  attached  to  such  warrant  or  part  of  warrant.  And  all 
such  moneys  mentioned  in  this  and  in  the  preceding  section  shall 
remain  as  a  permanent  ai)pr()priati(m  for  the  redemption  and  pay- 
ment of  all  such  outstanding  and  unpaid  certificates,  drafts,  and 
checks. 

Hov.    St.    sec.    .WT.    as   auiende<l    by   act    July   31,   1894,   c.   174,   s.    16, 
2S  Slat.  210. 

REV.  ST.  SEC.  308. 

Pajnnent  upon  presentation  of  outstanding  drafts. 

Sec.  308.  The  payee  or  the  bona-fide  holder  of  any  draft  or  check 
the  amount  of  which  has  been  deposited  and  covered  into  the  Treas- 
ury pursuant  to  the  preceding  sections,* shall,  on  presenting  the  same 


PUBLIC    MONEYS  AND  ACCOUNTING.  345 

to  the  proper  officer  of  the  Treasury,  be  entitled  to  have  it  paid  by 
the  settlement  of  an  account  and  the  issuin<jj  of  a  warrant  in  his 
favor,  accordintj;  to  the  practice  in  other  cases  of  authorized  and 
liquidated  claims  against  the  United  States. 

REV.   ST.   SEC.   309. 

Accoants  of  disbiirsing  officers  remaining  unchanged  for  three  years. 

Sec.  309.  The  amounts,  except  such  as  are  provided  for  in  section 
three  hundred  and  six.  of  the  accounts  of  every  kind  of  disbursing 
officer,  which  shall  have  remained  unchanged,  or  which  shall  not 
have  been  increased  by  any  new  deposit  thereto,  nor  decreased  by 
draft.s  drawn  thereon,  for  the  space  of  three  years,  shall  in  like 
manner  be  covered  into  the  Treasury,  to  the  proper  appropria- 
tion to  which  they  belong;  and  the  amounts  thereof  shall,  on  the 
certificate  of  the  Tl>easu*r  that  such  amount  has  been  deposited 
in  the  Treasury,  be  credited  by  the  proper  accounting  officer  of  the 
Department  of  the  Treasury  on  the  books  of  the  Department,  to  the 
officer  in  -whose  name  it  had  stood  on  the  books  of  any  agency  of  the 
Treasury,  if  it  appears  that  he  is  entitled  to  such  credit. 

REV.   ST.   SEC.  310. 

Beports  by  disbursing  officers  of  checks  outstanding  for  three  years. 

Sec.  310.  The  Treasurer,  each  assistant  treasurer,  and  each  desig- 
nated depositary  of  the  United  States,  and  the  cashier  of  each  of 
the  national  banks  designated  as  such  depositaries,  shall,  at  the  close 
of  business  on  every  thirtieth  day  of  June,  report  to  the  Secretary 
of  the  Treasury  the  condition  of  every  account  standing,  as  in  the 
preceding  section  specified,  on  the  books  of  their  respective  offices, 
stating  the  name  of  each  depositor,  with  his  official  designation,  the 
total  amount  remaining  on  deposit  to  his  credit,  and  the  dates,  respec- 
tively, of  the  last  credit  and  the  debit  made  to  each  account.  And 
each  disbursing  officer  shall  make  a  like  return  of  all  checks  issued 
by  him,  and  whic^  may  then  have  been  outstanding  and  unpaid  for 
three  years  and  more,  stating  fully  in  such  report  the  name  of  the 
payee,  for  what  purpose  each  check  was  given,  the  office  on  wdiich 
drawn,  the  number  of  the  voucher  received  therefor,  the  date,  number, 
and  amount  for  which  it  was  drawn,  and,  when  known,  the  residence 
of  the  payee. 

REV.  ST.  SEC.  3648. 

Advances  of  public  moneys  prohibited. 

Sec.  3648.  Xo  advance  of  public  money  shall  be  made  in  any  case 
whatever.  And  in  all  cases  of  contracts  for  the  performance  of  any 
service,  or  the  delivery  of  articles  of  any  description,  for  the  use  of 
the  United  States,  payment  shall  not  exceed  the  value  of  the  service 
rendered,  or  of  the  articles  delivered  previously  to  such  payment.  It 
^hall,  however,  be  lawful,  under  the  special  direction  of  the^  Presi- 
dent, to  make  such  advances  to  the  disbursing  officers  of  the  Govern- 
ment as  mav  be  necessary  to  the  faithful  and  prompt  discharge  of 
their  respective  duties,  and  to  the  fulfillment  of  the  public -engage- 
ments.   *    *    * 

Advances  from  approprintioiis  for  the  Depjjrtment  of  Agrioultnrp  to 
such  cliiefs  of  Held  parties,  ntiricnltiiral  explorers,  and  others  as  shall 
have  given  bonds,  are  authorized  by  n  provision  of  act  June  3,  1002, 
c.  985,  set  forth  on  p.  20,  ante. 


346         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE, 

Rev.  St.  sec.  .'?G48  is  not  to  apply  to  subscriptions  for  publications  for 
the  Department  of  Agriculture,  by  a  provision  of  act  March  4,  1909, 
c.  301,  set  forth  on  p.  236,  ante. 

REV.  ST.   SEC.   3651. 
Exchange  of  funds  restricted. 

8ec.  3(151.  No  exchange  of  funds  shall  be  made  by  any  disbursing 
officer  or  agent  of  the  Government,  of  any  grade  or  denomination 
whatsoever,  or  connected  with  any  branch  of  the  public  service,  other 
than  an  exchange  for  gold,  silver,  United  States  notes,  and  national- 
bank  notes;  and  every  such  disbursing  officer,  when  the  means  for 
his  disbursements  are  furnished  to  him  in  gold,  silver,  United  States 
notes,  or  national-bank  notes,  shall  make  his  payments  in  the  moneys 
so  furnished;  or  when  they  are  furnished  to  him  in  drafts,  shall 
cause  those  drafts  to  be  presented  at  their  place  of  payment,  and 
properly  paid  according  to  law,  and  shafl  maKe  his  payments  in 
money  so  received  for  the  drafts  furnished,  unless,  in  either  case, 
he  can  exchange  the  means  in  his  hands  for  gold  and  silver  at  par. 
And  it  shall  be  the  duty  of  the  head  of  the  proper  Department  im- 
mediately to  suspend  from  duty  any  disbursing  officer  or  agent  who 
violates  the  provisions  of  this  section,  and  forthwith  to  report  the 
name  of  the  officer  or  agent  to  the  President,  with  the  fact  of  the 
violation,  and  all  the  circumstances  accompanying  the  same,  and 
within  the  knowledge  of  the  Secretary,  to  the  end  that  such  officer 
or  agent  may  be  promptly  removed  from  office,  or  restored  to  his 
trust  and  the  performance  of  his  duties,  as  the  President  may  deem 
just  and  proper. 

REV.  ST.  SEC.  3652. 

Premiums  on  sales  of  public  moneys  to  be  accounted  for. 

Sec.  3652.  No  officer  of  the  United  States  shall,  either  directly  or 
indirectly,  sell  or  dispose  of  to  any  person,  for  a  premium,  any  Treas- 
ury note,  draft,  warrant,  or  other  public  security,  not  his  private 
property,  or  sell  or  dispose  of  the  avails  or  procQ^ds  of  such  note, 
draft,  warrant,  or  security,  in  his  hands  for  disbursement,  without 
making  return  of  such  premium,  and  accounting  therefor  by  charging 
the  same  in  his  accounts  to  the  credit  of  the  United  States;  and  any 
officer  violating  this  section  shall  be  forthwith  dismissed  from  office. 

REV.   ST.  SEC.  3653. 

Expenses  of  fiscal  agents  for  safe-keeping,  transferring,   or  disbursing  public 
moneys. 

Skc.  3053.  The  officers,  respectively,  whose  duty  it  is  made  by  this 
Title  to  receive,  keep,  or  disburse  the  public  moneys,  as  the  fiscal 
agents  of  the  Government,  may  be  allowed  any  necessary  additional 
expenses  for  clerks,  fire-j)roof  chests  or  vaults,  or  other  necessary 
expenses  of  .safe-keeping,  transferring,  or  disbursing  the  moneys;  but 
all  such  expenses  of  every  character  shall  be  first  expressly  author- 
ized by  the  Secretary  of  the  Treasury,  whose  directions  upon  all 
the  above  subjects,  by  way  of  regulation  and  otherwise,  so  far  as 
authorized  by  law,  shall  be  strictly  followed  by  all  the  officers. 

ACT  AUGUST  7.  1882,  c.  433.     (22  Stat.  302.) 

No  expenditure  for  clerical  services  for  safe-keeping,  transferring,  and  disbursing 
public  moneys. 

For  conlingt'ut  expenses  under  the  requirements  of  section  thirty- 
six  hunilred  and  fifty-three  of  the  Revised  Statutes  of  the  United 


PUBLIC   MONEYS   AND   ACCOUNTING.  347 

States,  for  the  collection,  safe-keeping,  transfer,  and  disbursement  of 
the  public  money,  and  for  transportation  of  notes,  bonds,  and  other 
securities  of  the  United  States,  *  *  *^  ^X^i^d  hereafter  no  part  of 
the  money  appropriated  for  the  purposes  mentioned  in  this  para- 
graph shall  be  expended  for  clerical  services  or  payment  of  employees 
of  any  nature  or  grade. 

Act  August  7.  1SS2.  c.  433.  s.  1,  22  Stat.  312. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1SS3,  cited  above. 

REV.    ST.    3654. 

Limit   upon   extra   compensation   for   disbursements   for   construction    of   public 
buildings. 

Sec.  86.54.  No  extra  compensation  exceeding  one-eighth  of  one 
per  centum  shall  in  any  case  be  allowed  or  paid  to  any  officer,  person 
or  corporation  for  disbursing  moneys  appropriated  to  the  construc- 
tion of  any  public  building. 

ACT  MARCE  3,  1875,  c.  131.      (18  Stat.  402.) 

Extra  compensation  for  disbursements  for  public  buildings. 

That  the  provisions  contained  in  the  act  approved  March  third, 
eighteen  hundred  and  sixty-nine,  entitled  "  an  act  making  appro- 
priations to  supply  deficiencies  in  the  appropriations  for  the  service 
of  the  Government  for  the  fiscal  3'ear  ending  June  thirtieth,  eighteen 
hundred  and  sixty-nine,  and  for  other  purposes  ",  limiting  the  com- 
pensation to  be  allowed  for  the  disbursement  of  moneys  appropriated 
for  the  construction  of  any  public  building  was  intended  and  shall 
be  deemed  and  held  to  limit  the  compensation  to  be  allowed  to  any 
disbursing  officer  who  disburses  moneys  appropriated  for  and  ex- 
pended in  the  construction  of  any  public  building  as  aforesaid  to 
three-eighths  of  one  per  centum  for  said  services. 

Act  March  3,  1875,  c.  131,  s.  4,  18  Stat.  415. 

This  is  a  provision  of  the  deficiency  appropriation  act  for  the  fiscal 
year  1S75,  cited  above. 

Tlie  provisions  of  act  March  3,  1869,  c.  323,  15  Stat.  312.  here  referred 
to,  were  incorporated  in  Rev.  St.  sec.  3654,  set  forth  above. 

ACT  ATIGirST  7,  1882,  c.  433.      (22  Stat.  302.) 

Extra  compensation  for  disbursements  of  moneys  for  public  buildings  or  grounds 
outside  of  city  of  Washington. 

*  *  *  any  disbursing  agent  who  has  been  or  may  be  appointed 
to  disburse  any  appropriation  for  any  United  States  court-house  and 
post-office,  or  other  building  or  grounds,  not  located  within  the  city 
of  Washington,  shall  be  entitled  to  the  compensation  allowed  by  law 
to  collectors  of  customs  for  such  amounts  as  have  been  or  may  be 
disbursed. 

Act  August *7,  1S82.  c.  433.  s.  1.  22  Stat.  306. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1883,  cited  above. 

The  ponipens!)tion  of  collectors  of  customs  when  acting  as  disbursing 
ajrents  is  fixe<l  by  Rev.  St.,  sees.  3657  and  3658. 

ACT  MARCH  4,  1911,  c.  285.      (36  Stat.  1363.) 

Disbursements  for  construction  of  public  buildings  to  be  made  by  Treasury 
Department,  and  in  exceptional  cases,  by  collectors  of  customs;  no  extra 
compensation  except  to  disbursing  agents  who  have  given  bonds. 

Hereafter  all  disbursements  of  money  appropriated  for  the  con- 
struction of  public  buildings  under  the  control  of  the  Treasury  De- 


348         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

paitment  .^hall  l)e  nuule  by  the  Treasury  Department  at  Washington, 
District  of  Cohinibia,  except  in  cases  of  public  buildings  located  so 
remote  from  the  seat  of  government  as  to  occasion  hardship  by  undue 
delay  in  making  payments  to  contractors,  in  every  such  exceptional 
case  the  Secretary  of  the  Treasury  may,  in  his  discretion,  require  the 
collector  of  customs  at  or  nearest  the  place  where  such  building  is 
being  constructed  to  make  the  disbursement,  as  provided  in  hecFion 
seventeen  hundred  and  .sixty-five  of  the  Revised  Statutes  of  the 
United  States,  but  in  such  exceptional  cases  no  additional  compensa- 
tion shall  l>e  paid  to  any  collector  of  customs  for  disbursements  made 
hereunder;  and  hereafter  no  compensation  or  commissions  shall  be 
allowed  for  the  disl)ur.sement  of  any  appropriation  for  the  construc- 
tion, extension,  enlargement,  remodeling,  or  repairs  of  any  public 
building  under  the  control  of  the  Treasury  Department,  except  to 
disbursing  agents  heretofore  appointed  and  who  ha\e  qualified  by 
gi\ing  bonds. 

Act  Miinli  4.  lltll.  <•.  2sr>.  s.  1,  36  Stat.  1387. 

These  ;ire  iirovisions  of  the  sundry  civil  appropriation  act  for  tlie 
fisciil  ye.ir  1912.  citetl  al)ove. 

Rev.  St.  sec.  ITCi;',  mentioned  above,  is  set  forth  on  p.  286,  ante,  under 
"  (^tficers.  Clerks,  .•ind  Employees." 

ACT  MARCH  4,  1909,  c.  321.      (35  Stat.  1088.) 

Forging  bonds,  bids,  public  records,  etc..  or  transmitting  same,  for  the  purpose 
of  defrauding  the  United  States;  pimishment. 

Sec.  28.  Whoever  shall  falsely  make,  alter,  forge,  or  counterfeit, 
or  cause  or  procure  to  be  falsely  made,  altered,  forged,  or  counter- 
feited, or  willingly  aid,  or  assist  in  the  false  making,  altering,  forging, 
or  counterfeiting,  any  bond,  bid.  proposal,  contract,  guarantee,  secur- 
ity, official  bond,  public  record,  affidavit,  or  other  writing  for  the  pur- 
pose of  defrauding  the  I"'^nited  States;  or  shall  utter  or  publish  as  true, 
or  cause  to  be  uttefed  or  published  as  true,  or  have  in  his  possession 
with  the  intent  to  utter  or  publish  as  true,  any  .such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  contract,  guarantee, 
security,  official  bond,  public  record,  affidavit,  or  other  writing,  for 
the  purpose  of  defrauding  the  United  States,  knowing  the  same  to  be 
false,  forged,  altered,  or  counterfeited  :  or  shall  transmit  to,  or  present 
at,  of  cause  or  procure  to  be  transmitted  to,  or  presented  at,  the  office 
of  any  oflicer  of  the  TTnited  States,  any  such  false,  forged,  altered,  or 
counterfeited  bond,  bid,  proposal,  contract,  guarantee,  security,  official 
bond.  i)ul)lic  record,  affidavit,  or  other  writing,  knowing  the  same  to  be 
false,  forged,  altered,  or  counterfeited,  for  the  purpose  of  defrauding 
the  United  States,  shall  be  fined  not  more  than  one  thousand  dollars, 
or  im|)risoned  not  more  than  ten  yeai-s,  or  both. 

Act  March  4,  1009,  c.  321,  s.  28,  35  Stat.  1094. 

This  is  a  section  of  "An  act  to  codify,  revise,  ;ind  amend  the  ixMiai 
laws  of  the  United  St.ntes."  cited  above.  incori»or:itinp:  therein  the  pro- 
visions of  Rev.  St.  sees.  5418  and  5479,  which  sections  are  expressly 
repealed  by  section  341  of  this  act. 

Forging  deeds,  powers  of  attorney,  etc..  or  transmitting  same,  with  intent  to 
defraud  the  United  States;   punishment. 

Skc.  20.  Whoever  shall  falsely  make,  alter,  forge,  or  counterfeit, 
or  (-au.se  or  procure  to  be  falsely  made,  altered,  forged,  or  counter- 
feited, or  willingly  aid  or  assist  in  the  false  making,  altering,  forging, 
or  counterfeiting,  any   deed,   power   of  attorney,  order,  certificate, 


PUBLIC    MONEYS   AND   ACCOUNTING,  349 

recoipt.  contract,  or  other  wrilingf.  for  tlie  purpose  of  obtainino-  or 
recei\in^,  or  of  enablino-  any  other  person,  either  directly  or  indi- 
rectly, to  obtain  or  receive  from  the  Ignited  States,  or  any  o^  their  offi- 
cers or  ao;ents.  any  sum  of  money;  or  whoever  shall  utter  or  publish 
as  true,  or  cause  to  be  uttered  or  publislied  as  true,  any  such  false, 
for<j:ed.  altered,  or  counterfeited  deed,  power  of  attorney,  order,  cer- 
tificate, receipt,  contract,  or  other  writinof.  with  intent  to  defraud  the 
United  States,  knowinf;  the  same  to  be  false,  altered,  forced,  or  coun- 
terfeited :  or  whoever  shall  transmit  to,  or  present  at,  or  cause  or  pro- 
cure to  be  transmitted  to.  or  presented  at.  any  office  or  officer  of  the 
Government  of  the  Ignited  States,  any  deed,  power  of  attorney,  order, 
certificate,  receipt,  contract,  or  other  writ  in  o-.  in  sup])ort  of,  or  in  rela- 
tion to.  any  account  or  claim,  with  intent  to  defraud  the  United  States, 
knowing  the  same  to  be  false,  altered,  forered.  or  counterfeited,  shall 
be  fined  not  more  than  one  thou-nnd  dollars  and  imprisoned  not  more 
than  ten  years. 

Act  Marcb  4.  1000,  c.  321.  s.  29.  3o  Stnt.  1094. 

This  is  ;\  section' of  "An  ar-t  to  codify,  revise,  and  nmond  tli;^  i)enal 
laws  of  the  United  St-ites."  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5421.  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Having   false,   etc.,   papers   in   possession,   with   intent   to    defrawd   the    United 
States. 

Sec.  30.  AVhoever.  knowingly  and  with  intent  to  defraud  the  United 
States,  shall  have  in  his  possession  any  false,  altered,  forged,  or  coun- 
terfeited deed,  power  of  attorney,  order,  certificate,  receipt,  contract, 
or  other  wi'iting.  for  the  purpose  of  enabling  another  to  obtain  from 
the  Ignited  States,  or  from  any  officer  or  agent  thereof,  any  sum  of 
money,  shall  be  fined  not  more  than  five  hundred  dollars,  or  im- 
prisoned not  more  than  five  A^ears.  or  both. 

Act  March  4.  1909,  c.  321,  s.  30,  35  Stat.  1094. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  cited  above,  incorporatins;  tliorein  tho  jiro- 
visions  of  Rpv.  St.  sec.  5422.  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 

False   personation  of  person  entitled  to  wages   or  other  debt  from  the  United 
States;   punishment. 

Sf.c.  33.  "Whoever  shall  falsely  personate  *  *  *  any  per-on  en- 
titled to  any  *  *  *  -wagesl  or  other  debt  due  from  the  TTnited 
States,  and,  under  color  of  such  false  personation.  *  *  *  shall 
receive  or  endeavor  to  receive  *  *  *  the  money  of  any  person 
really  entitled  to  receive  such  *  *  *  wages,  or  other  debt,  shall 
be  fined  not  more  than  five  thousand  dollars  and  imprisoned  not  more 
than  ten  years. 

Act  March  4.  1909,  c.  321,  s.  .33.  35  Stat.  1095. 

This  is  a  section  of  "An  act  t()  codify,  revise,  and  .-uneiid  the  penal 
laws  of  the  I'nitcd  States."  cited  above,  incorporatin.ir  therein  provisions 
of  Rev.  St  sec.  5435.  which  section  is  expressly  repealed  by  section  .341 
of  this  act. 

Demand   on   false,   etc..   power  of   attorney,   for  wages  or   other  debt   from   the 
United  States. 

Sec.  34.  "Whoever  shall  knowinglv  or  fraudulently  demand  or  en- 
deavor *  *  *  to  have  any  *  *  *  wages,  or  other  debt  due 
from  the  United  States,  or  any  part  thereof,  received,  or  paid  by 


350         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTUKE. 

virtue  of  any  false,  forged,  or  counterfeit  power  of  attorney,  author- 
ity, or  instrument,  shall  be  fined  not  more  five  thousand  dollar,-  and 
imprisoned  not  more  than  ten  years. 

Act  March  4,  1909,  c.  321,  s.  34.  35  Stat.  1095. 

This  is  a  section  of  "Au  act  to  codify,  revise,  aud  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  provisions 
of  Ue\.  St.  sec.  5430,  which  section  is  expressly  repealed  by  section  341 
of  this  act. 

Presenting  false  claims. 

Sec.  35.  Whoever  shall  make  or  cause  to  be  made,  or  present  or 
cause  to  be  pre.sented,  for  payment  or  approval,  to  or  by  any  person 
or  officer  in  the  civil,  military,  or  naval  service  of  the  United  States, 
any  claim  upon  or  against  the  Government  of  the  United  States,  or 
any  department  or  officer  thereof,  knowing  such  claim  to  be  false,  fic- 
titious, or  fraudulent;  or  whoever,  for  the  purpose  of  obtaining  or 
aiding  to  obtain  the  payment  or  approval  of  such  claim,  shall  make  or 
u^e,  or  cause  to  l>e  made  or  used,  any  false  bill,  receipt,  voucher,  roll, 
account,  claim,  certificate,  affidavit,  or  deposition,  knowing  the  same 
to  contain  any  fraudulent  or  fictitious  statement  or  entry;  or  whoever 
shall  enter  into  any  agreement,  combination,  or  conspiracy  to  defraud 
(he  (iovernnient  of  the  United  States,  or  any  department  or  oflirer 
thereof,  by  obtaining  or  aiding  to  obtain  the  payment  or  allowance  of 
any  false  or  fraudulent  claim;  *  *  *  shall  be  fined  not  more 
than  five  thousand  dollars,  or  imprisoned  not  more  than  five  years, 
or  both.     *     *     * 

Act  March  4,  1909,  c.  321,  s.  35,  35  Stat.  1095. 

This  Is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  provisions 
of  Hev.  St.  sec.  5438  as  amended  by  act  May  30,  190S,  c.  235.  35  Stat.  555. 
Said  Rev.  St.  sec.  5438  and  act  May  30,  1908,  are  expressly  repealed  by 
section  341  of  this  act. 

Conspiracy  to  commit  oflfense  against  or  to  defraud  the  United  States. 

Sec.  37.  If  two  or  more  persons  conspire  either  to  commit  any 
offense  against  (lie  United  States,  or  to  defraud  the  United  States  in 
any  manner  or  for  any  pui'po.se,  and  one  or  more  of  such  parties  do 
any  act  to  effect  (he  objecf  of  the  conspiracy,  each  of  the  parties  to 
such  conspiracy  shall  be  fined  not  more  than  ten  thousand  dollars, 
or  imprisoned  not  more  than  two  years,  or  both. 

Act  March  4.  1900,  c.  321.  s.  37,  35  Stat.  100(5. 

This  is  a  section  of  ".\n  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pi'O- 
visii'iis  of  liev."  St.  sec.  5440.  as  amended  by  act  May  17,  1879,  c.  8,  21 
Stat.  4.  Said  Rev.  Stat.  sec.  5440  and  act 'May  17.  1879.  are  expressly, 
repealed  by  section  341  of  this  act. 

Unlawfully  taking  or  using  papers  relating  to  claims;   punishment. 

Skc.    10.  Wlioever  shall   (ake  and  carry  away.  wi(lu)u(   au(hori(y 
from  (he  Uiii(ed  S(a(es,  from  (he  place  where  it  has  been  filed,  lodged,  | 
or  deposited,  or  where  it  may  for  the  time  being  actually  be  kept  byi 
au(hori(y  of  (he  Uni(ed  States,  any  certifica(e,  aflidavit,  deposi(ion, 
wri((en  s(a(ement  of  facts,  jiower  of  a((ornoy,  receipt,  voucher,  assign-! 
ment.  or  odier  <locumen(.  record.  fik%  or  paper,  prepared,  fi((ed,  or' 
iidended  to  be  used  or  presented  in  order  (o  procure  the  payment  of 
money  from  or  by  (he  Uni(ed  States,  or  any  officer  or  agent  thereof, 
wr  (lie  allowance  or  payment  of  (he  whole  or  any  par(  of  an}'  claim, 
accoun(,  or  demand  agains(  (he  Uni(ed  States,  whether  the  same  has 


PUBLIC    MONEYS   AND  ACCOUNTING.  351 

or  has  not  already  been  so  used  or  presented,  and  whether  sucli  claim, 
account,  or  demand,  or  anj'  part  thereof,  has  or  has  not  already  been 
allowed  or  paid;  or  whoever  shall  present,  use,  or  attempt  to  use.  any 
such  document,  record,  file,  or  paper  so  taken  and  carried  away,  in 
order  to  procure  the  payment  of  any  money  from  or  by  the  United 
States,  or  any  officer  or  agent  tliereof,  or  the  allowance  or  payment  of 
the  whole  or  any  part  of  any  claim,  account,  or  demand  against  the 
United  States,  shall  be  fined  not  more  than  five  thousand  dollars,  or 
I  imprisoned  not  more  than  ten  years,  or  both. 

Act  March  4,  1909,  .•.  321.  s.  40,  35  Stat.  3096. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,''  cited  above,  incorporating  therein  Rev.  St. 
sec.  5454,  which  section  is  expressly  ropenled  by  section  341  of  this  act. 

Embezzling,  etc..  public  moneys,  etc.;  punishment.  ' 

Sec.  47.  Whoever  shall  embezzle,  steal,  or  purloin  any  money, 
propert}'^,  record,  voucher,  or  valuable  thing  whatever,  of  the  moneys, 
roods,  chattels,  records,  or  property  of  the  United  States,  shall  be 
ined  not  more  than  five  thousand  dollars,  or  imprisoned  not  more 
than  five  years,  or  both. 

Act  March  4,  1909,  c.  321.  s.  47.  35  Stat.  1097. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  iimend  the  penal 
laws  of  the  United  States."  cited  above,  incorporating  therein  pi'ovisions 
of  act  March  3,  1875,  c.  144,  s.  1,  18  Stat.  479,  which  act  is  expressly 
repealed  by  section  341  of  this  act. 

BeceiviHg,  etc.,  stolen  public  money,  etc.;  punishment. 

Sec.  48.  ^^Tioever  shall  receive,  conceal,  or  aid  in  concealing,  or 
have,  or  retain  in  his  possession  with  intent  to  convert  to  his  own  use 
or  gain,  any  money,  property,  record,  voucher,  or  valuable  thing  what- 
ever, of  the  moneys,  goods,  chattels,  records,  or  property  of  the  United 
States,  which  has  theretofore  been  embezzled,  stolen,  or  purloined 
by  any  other  person,  knowing  the  same  to  have  been  so  embezzled, 
stolen,  or  purloined,  shall  be  fined  not  more  than  five  thousand  dol- 
lars, or  impris'oned  not  more  tlian  five  years,  or  both;  and  such  i>erson 
may  be  tried  either  before  or  after  the  conviction  of  the  principal 
offender. 

Act  March  4,  1909,  c.  321,  s.  48,  35  Stat.  1098. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  Iho  penal 
laws  of  the  United  States."  cited  above,  incorporating  therein  provisions 
of  act  March  3,  1875,  c.  144,  s.  2,  18  Stat.  479,  which  act  is  expressly  re- 
pealed by  section  341  of  this  act. 

Requiring  receipt  for  larger  sums  than  are  paid;  -punishment. 

Sec.  80.  '\\lioever  being  an  officer,  clerk,  agent,  employee,  or  other 
person  charged  with  the  payment  of  any  appropriation  made  by  Con- 
gress, shall  pay  to  any  clerk  or  other  employee  of  the  United  States 
a  sum  less  than  that  provided  by  law,  and  require  such  emploj^ee  to 
receipt  or  give  a  voucher  for  an  amount  greater  than  that  actually 
paid  to  and  received  by  him,  is  guilty  of  embezzlement,  and  shall  be 
fined  in  double  the  amount  so  withheld  from  any  employee  of  the 
Government  and  imprisoned  not  more  than  two  years. 

Act  March  4,  1909,  c.  321,  s.  86,  35  Stat.  1105. 

Tills  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5483,  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 


352         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

Disbursing  officers  unlawfully  using,  etc.,  public  money;  punishment. 

Sec.  87.  Whoever,  being  a  disbursing  officer  of  the  United  States, 
or  a  person  acting  as  such,  shall  in  any  manner  convert  to  his  own 
use,  or  loan  with  or  without  interest,  or  deposit  in  any  place  or  in  any 
manner,  except  as  authorized  by  law,  any  public  money  intrusted  to 
him ;  or  shall,  for  any  purpose  not  prescribed  b}'  law,  withdraw  from 
the  Treasurer  or  any  assistant  treasurer,  or  any  authorized  deposi- 
tary, or  transfer,  or  apply,  any  portion  of  the  public  money  intrusted 
to  him,  shall  be  deemed  guilty  of  an  embezzlement  of  the  money  so 
converted,  loaned,  deposited,  withdrawn,  transferred,  or  applied,  and 
shall  be  fined  not  more  than  the  amount  embezzled,  or  imprisoned  not 
more  than  ten  years,  or  both. 

Act  March  4,  1909,  c.  321.  s.  87,  35  Stat.  1105. 

This  is  a  section  of  '"An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  citetl  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5488,  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 

Custodians  failing  to  safely  keep,  etc.,  public  money;  punishment. 

Sec.  89.  Every  officer  or  other  person  charged  by  any  Act  of  Con- 
gress with  the  safe-keeping  of  the  public  moneys,  who  shall  loan, 
use.  or  convert  to  his  own  use,  or  shall  deposit  in  any  bank  or  exchange 
for  other  funds,  except  as  specially  allowed  by  law,  any  portion  of  the 
public  moneys  intrusted  to  him  for  safe-keeping,  shall  be  guilty  of  em- 
bezzlement of  the  money  so  loaned,  used,  converted,  deposited,  or  ex-| 
chiiiiged.  and  shall  l)e  fined  in  a  sum  equal  to  the  amount  of  money  so] 
embezzled  and  imprisoned  not  more  than  ten  years. 

Act  March  4,  1909.  c.  321.  s.  89,  35  Stat.  1105. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  i>enal 
laws  of  the  T'nited  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5490,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Failure  of  officer  to  render  accounts  for  public  money;  punishment. 

Sf(  .  DO.  Every  officer  or  agent  of  the  United  States  wlio,  having 
received  public  money  which  he  is  not  authorized  to  retain  as  salary, 
pay.  or  emolument,  fails  to  render  his  accounts  for  the  same  as  pro- 
vided by  law  shall  bo  deemed  guilty  of  embezzlement,  and  shall  be 
fined  in  a  sum  equal  to  the  amount  of  the  money  embezzled  and  im- 
prisoned not  more  than  ten  years. 

Act  March  4,  1909,  c.  321.  s.  90,  35  Stat.  1105. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal ' 
laws  of  the  United   Stales,"  oite<l   above,   incorporating  therein   the  pro- 
visions of  Rev.  St.  sec.  5491.  which  section  is  expressly  repealed  by  sec- 
tion .341  of  this  act. 

Failure  to  deposit  public  money  as  required;  punishment. 

Six.  01.  Whoever,  having  money  of  the  United  States  in  his  pos- 
session or  under  his  control,  slmll  fail  to  deposit  it  with  the  Treas- 
urer, or  some  a.ssistant  treasurer,  or  some  public  depositary  of  the 
United  States,  when  required  so  to  do  by  the  Secretary  of  the  Treas- 
ury, or  the  head  of  any  other  ))rojier  department,  or  by  the  accounting 
oHicer>  of  the  Treasury,  shall  be  deemed  guilty  of  embezzlement 
thereof,  and  siiall  be  lined  in  a  sum  equal  to  the  amount  of  money 
embezzled  and  imprisoned  not  more  than  ten  years. 

Act  March  4.  1900.  c.  321.  s.  91,  35  Stat.  1105. 


PUBLIC    MONEYS   AND   ACCOUNTING.  353 

Tliifi  is  a  section  of  "An  act  to  codify,  revise,  ami  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Kev.  St.  sec.  5492,  which  section  is  exi»res;sly  repealed  bv  sec- 
tion VAX  of  this  act. 

Persons  affected  by  five  preceding  sections. 

Sec.  02.  The  provisions  of  the  five  preceding  sections  shall  be  con- 
itriied  to  apply  to  all  persons  charged  Avith  the  safe-keeping,  trans- 
fer, or  disbursement  of  the  public  money,  whether  such  persons  be 
indicted  as  receiver's  or  depositaries  of  the  same. 

Act  March  4,  1909,  c.  321,  s.  92,  35  Stat.  1105. 

Tills  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5493,  which  section  is  expressly  repealed  by  sec- 
tion 341  of  this  act. 

Record  evidence  of  embezzlement. 

Sf.c.  03.  Upon  the  trial  of  anv  indictment  against  any  person  for 
?mbezzling  public  money  under  any  provision  of  the  six  preceding 
sections,  it  shall  be  sufficient  evidence,  prima  facie,  for  the  purpose  of 
■howing  a  balance  against  such  person,  to  produce  a  transcript  from 
:he  books  and  proceedings  of  the  Treasury,  as  required  in  civil  cases, 
inder  the  provisions  for  the  settlement  of  accounts  between  the  United 
States  and  receivers  of  public  money. 

Act  March  4,  1909,  c.  321,  s.  93,  35  Stat.  1105. 

This  is  a.  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Kev.  St.  sec.  5494,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Prima  facie  evidence  of  embezzlement.  '* 

Sec.  94.  The  refusal  of  any  person,  whether  in  or  out  of  office, 
harged  with  the  safe-keeping,  transfer,  or  disbursement  of  the  public 
noney  to  pay  any  draft,  order,  or  warrant,  drawn  upon  him  by  the 
oroper  accounting  officer  of  the  Treasury,  for  any  public  money  in  his 
lands  belonging  to  the  United  States,  no  matter  in  what  capacitj' 
:he  same  may  have  been  received,  or  may  be  held,  or  to  transfer  or  dis- 
burse any  such  money,  promptly,  upon  the  legal  requirement  of  an}' 
luthorized  officer,  shall  be  deemed,  upon  the  trial  of  any  indictment 
igainst  such  person  for  embezzlement,  prima  facie  evidence  of  such 
embezzlement. 

Act  March  4,  1909,  c.  321,  s.  94,  35  Stat.  1106. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cite<l  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  5495,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Evidence  of  conversion. 

Sec.  95.  If  any  officer  chaiged  with  the  disbursement  of  the  public 
Honeys,  accepts,  receives,  or  transmits  to  the  Treasurj^  Department  to 
36  Hallo  wed  in  his  favor  any  receipt  or  voucher  from  a  creditor  of  the 
United  States  without  having  paid  to  such  creditor  in  such  funds  as 
.he  officer  received  for  disbursement,  or  in  such  funds  as  he  may  be 
luthorized  by  law  to  take  in  exchange,  the  full  amount  specified  in 
;uch  receipt  or  voucher,  every  such  act  is  an  act  of  convei'sion  by  such 
officer  to  his  own  u.se  of  the  amount  specified  in  such  receipt  or 
roucher. 

Act  March  4,  1909,  c.  321,  s.  95,  35  Stat.  1100. 

71657—13 23 


354        LAWS   APPLICABLE   TO   DEPARTMENT    OP   AGRICULTURE. 

This  is  a  section  of  "Au  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  Stntes,"  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec.  549G,  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Banker,  etc.,  receiving  unauthorized  deposit  of  public  money;  punishment. 

Sec.  Of).  p]vorv  Ixuikor,  broker,  or  other  person  not  an  authorized 
depositary  of  public  moneys,  who  shall  knowingly  receive  from  any 
disbursing  officer,  *  *  *  or  other  agent  of  the  United  States, 
any  public  money  on  deposit,  or  by  way  of  loan  or  accommodation, 
with  or  without  interest,  or  otherwise  than  in  payment  of  a  debt 
against  the  United  States,  or  shall  use,  transfer,  convert,  appropriate, 
or  apply  any  portion  of  the  public  money  for  any  purpose  not  pre- 
scribed by  law;  and  every  president,  cashier,  teller,  director,  or  other 
officer  of  anv  bank  or  banking  association  who  shall  violate  any  pro- 
vision of  this  section  is  guilty  of  embezzlement  of  the  public  money 
BO  deposited,  loaned,  transferred,  used,  converted,  appropriated,  or 
applied,  and  shall  be  fined  not  more  than  the  amount  embezzled,  or 
imprisoned  not  more  than  ten  years,  or  both. 

Act  March  4.  1909,  c.  321.  s.  96,  35  Stat.  1106. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  tl'.e  Uiiitoil  Slates,"  cited  above,  incorporating  therein  the  provi- 
sions of  Rev.  St.  sec.  M[)~,  which  section  is  exj  ressly  repealed  by  section 
341  of  this  act. 

Embezzlement  by  officer;  punishment. 

Sec.  97.  *  *  *  any  officer  of  the  United  States,  or  any  assist- 
ant of  such  officer,  who  shall  embezzle  or  wrongfully  convert  to  his 
own  use  !iny  money  or  property  which  may  have  come  into  his  posses- 
sion or  \mder  his  control  in  the  execution  of  such  office  or  employment, 
or  under  color  or  claim  of  authority  as  such  officer  or  assistant, 
whether  the  same  shall  be  the  money  or  property  of  the  United  States 
or  of  some  other  person  or  party,  shall,  where  the  offense  is  not  other- 
wise punishable  by  some  statute  of  the  United  States,  be  fined  not 
more  than  the  value  of  the  money  and  property  thus  embezzled  or  con- 
verted, or  imprisoned  not  more  than  ten  years,  or  both. 

Act  Manh  4,  1!J09,  c.  321,  s.  97,  35  Stat.  1106. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  Slates."  cited  above,  incorporating  therein  provisions 
of  Rev.  St.  sec.  5407,  as  amended  by  act  February  3,  1S79,  c.  42,  20  Slat. 
2S0.  Said  Kev.  St.  sec.  .5497  and  amending  act  are  expressly  repealed  by 
section  341  of  this  act. 

Trading  in  public  funds,  etc.;  punishment. 

Sec.  UV'l.  AAHioever,  being  an  officer  of  the  United  States  concerned 
in  the  collection  or  the  disbursement  of  the  revenues  thereof,  shall 
carry  on  any  trade  or  busine.ss  in  the  funds  or  debts  of  the  United 
States,  or  of  any  State,  or  in  any  public  property  of  either,  shall  be 
fined  not  more  than  three  thousand  dollars,  or  imprisoned  not  more 
than  one  year,  or  both,  and  be  removed  from  office,  and  thereafter  be 
incapable  of  holding  any  office  under  the  United  States. 

Act  March  4,  ]!MI9.  c-.  ;{21.  s.  103,  35  Stat.  1107. 

Tills  is  a  section  (if  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above.  Incorporating  therein  the  provi- 
sions of  Kev.  St.  ROCS.  17.'vS  and  1789,  which  sections  are  expressly  repealed 
by  section  341  of  this  act. 


m 


PUBLIC   PROPERTY.  355 

ACT  MARCH  4.  1911.  c.  270.  An  act  to  provide  punishment  for  tbe  falslflcjitlou 
of  acroiims  iind  (lio  nmkin.ir  of  fnlso  reports  l»v  persons  in  the  employ  of 
the  rniteil  Sl.ites.     (36  Stat.  1355.) 

False  entries  in  accounts  or  records,  or  false  reports  of  public  or  trust  moneys 
or  securities;    punishment. 

H  I  That  whoever,  bein^  an  officer,  clerk,  aircnt.  or  otlier  jiersoii  holdiiifjf 
iDy  any  office  or  emphwment  under  the  Government  of  the  United  States 
tes,  and,  being  charged  with  the  dnt.y  of  keeping  accounts  or  records  of 
any  kind,  shall,  with  intent  to  deceive,  mislead,  injure,  or  defraud  the 
leiitl  United  States  or  any  person,  make  in  any  such  account  or  record  any 
false  or  fictitious  entry  or  record  of  any  matter  relating  to  oi-  con- 
)re-  I  nected  with  his  duties,  or  whoever  with  like  intent  shall  aid  or  abet 
any  such  officer,  clerk,  agent,  or  other  person  in  so  doing;  or  wlio- 
iro-  !  ever,  being  an  officer,  clerk,  agent,  or  other  person  holding  any  office 
nej  i  or  emplo5'ment  under  the  Government  of  the  United  States  and,  being 
in  I  charged  with  the  duty  of  receiving,  holding,  or  paying  over  moneys 
or  securities  to,  for  or  on  behalf  of  the  United  States,  or  of  recei\nng 
or  holding  in  trust  for  any  person  any  moneys  or  securities,  shall,  with 
like  intent,  make  a  false  report  of  such  moneys  or  securities,  or  who- 
ever with  like  intent  shall  aid  or  abet  any  such  officer,  clerk,  agent,  or 
other  person  in  so  doing,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

Act  March  4.  1911,  c.  270.  36  Stat.  1355. 

iist- 

llii  1  PUBLIC  PROPERTY. 

^^  !      REV.  ST.   SEC.   197. 

Inventories  of  property. 

?^«1  Sec.  107.  The  Secretary  of  State,  the  Secretary  of  the  Treasury, 
the  Secretarv  of  the  Interior,  the  Secretary  of  War,  the  Secretary 

"1  of  the  Navy,  the  Postmaster-General,  the  Attorney-General,  and 
Commissioner  of  Agriculture  shall  keep,  in  proper  books,  a  complete 
inventory  of  all  the  property  belonging  to  the  United  States  in  the 
buildings,  rooms,  offices,  and' grounds  occupied  by  them,  respectively, 
and  under  their  charge,  adding  thereto,  from  time  to  time,  an  account 
of  such  property  as  may  be  procured  subsequently  to  the  taking  of 
.such  inventory,  as  well  as  an  account  of  the  sale  or  other  disposition 
of  any  such  property,  except  supplies  of  stationery  and  fuel  in  the 
public  offices    *    *    *. 

Piev.   St.  sec.  197.  as  amended  by  act  Febriiarj'  27,  1877,  c.  69.  s.  1. 
19   Stat.   241. 

ACT  MARCH  29,  1894,  c.  49.     An  act  to  regulate  the  making  of  property  returns 

lllii  by  officers  of  the  Government.     (28  Stat.  47.) 

Certificates  of  loss,  instead  of  returns,  of  public  property,  to  be  furnished. 

'^^  That    instead    of   forwardinc:   to    the    accounting   officers   of   the 

Treasury  Department  returns  ^f  public  property  entrusted  to  the 
possession  of  officers  or  agents,  the  Quartermaster-General,  the  Com- 
missary-General of  Subsistence,  the  Surgeon-General,  the  Chiei  of 
Engineers,  the  Chief  of  Ordnance,  the  Chief  Signal  Officer,  the  1  ay- 
master-Genpral  of  the  Naw,  the  Commissioner  of  Indian  Affairs,  or 


356         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

other  like  chief  officers  in  any  Department,  by,  through,  or  under 
whom  stores,  supplies,  and  other  public  property  are  received  for 
distribiiti<jn,  or  whose  duty  it  is  to  receive  or  examine  returns  of 
such  property,  shall  certify  to  the  proper  accounting  officer  of  the 
Treasury  Department,  for  debiting  on  the  proper  account,  any 
charge  against  any  officer  or  agent  intrusted  with  public  property, 
arising  from  any  loss,  accruing  by  his  fault,  to  the  Government  as  to 
the  property  so  intrusted  to  him. 

Act  March  29,  1894,  c.  49,  s.  1.  2S  Stat.  47. 

Contents  and  efifect  of  certificate. 

Sec.  2.  That  said  certificate  shall  set  forth  the  condition  of  such 
officer's  or  agent's  property  returns,  that  it  includes  all  charges  made 
up  to  its  date  and  not  previously  certified,  that  he  has  had  a  rea- 
sonable opportunity  to  be  heard  and  has  not  been  relieved  of  respon- 
sibility; the  effect  of  such  certificate,  when  received,  shall  be  the 
same  as  if  the  facts  therein  set  forth  had  been  ascertained  by  the 
accounting  officers  of  the  Treasury  Department  in  accounting. 

Act  March  29.  1894,  c.  49,  s.  2,  28  Stat.  47. 

Manner  of  making  returns  or  of  ascertaining  liability  not  affected. 

• 

Sec.  3.  That  the  manner  of  making  property  returns  to  or  in  any 
administrative  bureau  or  department,  or  of  ascertaining  liability  for 
property,  under  existing  laws  and  repilations,  shall  not  be  affected 
by  this  Act,  except  as  provided  in  section  one ;  but  in  all  cases  arising 
as  to  such  property  so  intrusted  the  officer  or  agent  shall  have  an 
opportunity^  to  relieve  himself  from  liability. 

Act  March  29,  1894,  c.  49,  s.  3,  28  Stat.  47. 

Regulations  by  heads  of  departments. 

Sec.  4.  That  the  heads  of  the  several  Departments  are  hereby  em- 
powered to  make  and  enforce  regulations  to  carry  out  the  provisions 
of  this  Act. 

Act  March  29,  1894.  c.  49.  s.  4,  28  Stat.  47. 

Repeal. 

Sec.  5.  That  all  laws  or  parts  of  laws  inconsistent  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Act  March  29,  1894,  c.  49,  s.  5,  28  Stat.  47. 

ACT  AUGUST  24,  1912,  c.  355.     (37  Stat.  417.) 

Use  of  furniture,  although  not  corresponding  to  regulation  plan. 

And  all  furniture  now  owned  by  the  United  States  in  other  public 
buildings  and  in  ])iiil(lings  rented  by  the  United  States  shall  be  used, 
so  far  as  practicable,  whether  it  corresponds  with  the  present  regu- 
lation plan  for  furniture  or  not. 

Act  Angu.st  24.  1912.  c.  Hn.^.  s.  1.  .37  Stat.  43.".. 

This  Is  M  yirovlsion  of  tlio  ,';'iiu1ry  civil  approitri.ition  net  for  the  fisciil 
yciir  IDl.'i.  foJlowinK  :m  ;ipi>r»>I>ri:'ti<in  fi>r  furnilurc  and  ro]>!>ii"s  of  fame, 
carpels,  and  tras  and  clcctric-llKlit  lixtnrcs  in  JMiildiniis  under  control  of 
tlio  Tronsury  Dcpjutnicnt.  Similar  provisions  were  contained  in  the 
Blmilar  appropriation  acts  for  the  flscal  years  1901  and  thereafter. 


PUBLIC    PROPERTY.  357 

ACT  MAY  27.  1908,  c.  200.     (35  Stat.  317.) 

Furniture  in  new  buildings  in  accordance  with  plans  and  specifications. 

The  furniture  for  nil  new  public  buihlin<»;.s  ^liall  hereafter  be  pro- 
cured in  accordance  with  plans  and  specifications  approved  by  the 
Supervising  Architect  of  the  Treasury. 

Act  May  27,  1908,  c.  200.  s.  1.  35  Stat.  327. 

This  is  a  provision  following  an  appropriation  for  furniture,  etc.,  in 
builtlin.es  under  tlie  control  of  tbe  TroMSury  Department,  in  the  sundry 
civil  appropriatit)n  act  for  the  tise;il  year  1!M)9,  cited  above. 

ACT  MARCH  3,  1875,  c.  133.      (18  Stat.  452.) 

Payment  for  transportation   of  property  of  the  United  States   over  land-grant 
railroads,  prohibited. 

*  *  *  That  no  money  shall  hereafter  be  paid  to  any  railroad 
company  for  the  transportation  of  any  property  *  *  *  ^^  ^|-,g 
United  States  over  any  railroad  which  in  whole  or  in  part  was  con- 
structed by  the  aid  of  a  grant  of  public  land  on  the  condition  that 
such  railroad  should  be  a  public  highway  for  the  use  of  the  Govern- 
ment of  the  United  States  free  from  toll  or  other  charge,  or  upon 
any  other  conditions  for  the  use  of  such  road,  for  such  transporta- 
tion;    *     *     * 

Act  March  3,  1875,  c.  133.  s.  1,  is'sta't.  453. 

These  are  provisions  of  the  Army  appropriation  act  for  the  fiscal  year 
1876,  cited  above. 

ACT  JULY  5,  1884,  c.  217.     (23  Stat.  107.) 

Quartermaster's  Department  to  transport  Government  property. 

*  *  *  That  hereafter  the  Quartermaster-General  and  his  offi- 
cers, under  his  instructions,  wherever  stationed,  shall  i-eceive,  trans- 
port, and  be  responsible  for  all  property  turned  over  to  them,  or  any 
one  of  them,  by  the  officers  or  agents  of  any  Government  survey, 
*  *  *  for  the  civil  or  naval  departments  of  the  Government,  in 
Washington  or  elsewhere,  under  the  regulations  governing  the  trans- 
portation of  Army  supplies,  the  amount  paid  for  such  transporta- 
tion to  be  refunded  or  paid  by  the  Bureau  to  which  such  property  or 
stores  pertain. 

Act  July  5,  1884.  c.  217,  23  Stat.  111. 

This  is  a  proviso  annexed  to  the  Army  appropriation  act  for  the  fiscal 
year  1S85,  cited  above. 

ACT  MARCH  4,  1909.  c.  321.     (35  Stat.  1088.) 
Robbery  of  personal  property  of  the  United  States. 

Sec.  40.  Whoever  shall  rob  another  of  any  kind  or  description  of 
personal  property  belonging  to  the  United  States,  or  shall  feloni- 
ously take  and  carry  away  the  same,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

Act  M.irch  4,  1909,  c.  321.  s.  46,  35  Stat.  1097. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States."  incoriiorating  therein  the  provisions  of  Rev. 
St.  sec.  5456.  which  section  is  expressly  rei>ealed  by  section  341  of  this 
act. 

Section  47  of  this  act  providing  punishment  for  the  embezzlement,  steal- 
ing, or  i)url()ining  of  anv  money,  property,  record,  etc..  of  the  United 
States,  is  set  forth  on  p.  351.  ante,  nnder  "  Public  Moneys." 


358         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

ACT  MARCH  3,  1879,  c.  183.     (20  Stat.  410.) 

Arms  and  ammunition  for  protecting  public  property,  etc. 

That  upon  the  request  of  the  head  of  any  department,  the  Secretary 
of  War  be,  and  he  liereby  is,  authorized  and  directed  to  issue  arms 
and  ammunition  whenever  they  may  be  required  for  the  protection 
of  the  public  money  and  property,  and  they  may  be  delivered  to  any 
officer  of  the  department  designated  by  the  head  of  such  department, 
to  be  accounted  for  to  the  Secretary  of  War,  and  to  be  returned  when 
the  necessity  for  their  use  has  expired.  Arms  and  ammunition  here- 
tofore furnished  to  any  department  by  the  War  Department  for 
which  the  War  Department  b.as  not  been  reimbursed,  may  be  re- 
ceipted for  under  the  provisions  of  this  act. 

Act  March  3,  1879.  c.  183.  20  Stat.  412.  r 

This  is  a  provision  of  the  deficiency  appropriation  act  for  the  fiscal 
your  1875),  cited  above. 

ACT  MARCH  3,  1911,  c.  209.     (36  Stat.  1037.) 

Subsistence    supplies    furnished    by    War    Department    to    another    department; 
price;    payment. 

*  *  *  That  hereafter  when  under  the  Army  Regulations  sub- 
sistence supplies  are  furnished  to  another  bureau  of  the  War  Depart- 
ment, or  to  another  executive  department  of  the  Government  or 
employees  thereof,  payment  therefor  shall  be  made  in  cash  by  the 
proper  disbursing  officer  of  the  bureau,  office,  or  department  con- 
cerned, or  by  the  employee  to  whom  the  sale  is  made.  *  *  * 
When  the  transaction  is  between  the  Subsistence  Department  and 
another  executive  department  of  the  Government  or  employees 
thereof,  the  price  to  be  charged  shall  include  the  contract  or  invoice 
price  and  ten  per  centum  additional  to  cover  wastage  in  transit,  and 
the  cost  of  transportation. 

Act  March  3,  1911,  c.  209.  36  Stat.  1047. 

This  is  a  proviso  annexed  to  the  Army  appropriation  act  for  the  fiscal 
year  1912,  cited  above. 

ACT  AUGUST  24.  1912,  c.  391.     (37  Stat.  569.) 

Transfers   or   sales   of   ordnance   or  ordnance   stores   from   War   Department   to 
another  department;  price;  payment. 

*  *  *  That  hereafter  when  authorized  transfers  or  sales  of 
ordnance  oi'  ordnance  stores  aro  made  to  another  bureau  of  the  War 
Department,  or  to  another  executive  department  of  the  Government, 
payment  therefor  shall  be  made  by  the  proper  disbursing  officer  of 
the  bureau,  ollice,  or  department  concerned.  *  *  *  When  the 
transaction  is  between  the  Ordnance  Department  and  another  execu- 
tive dei)aitinent  of  the  Government,  the  price  to  l)e  charged  shall 
include  the  cost  price  of  the  stores  and  the  costs  of  inspection  and 
transportation. 

Act  Au^'u.st  24,  1912,  c.  391.  37  Stnt.  5.S9. 

Tills  is  !i  proviso  annexed  to  the  Army  iippropriation  act  for  the  fiscal 
year  1913,  cited  above. 

ACT  AUGUST  5.  1909,  c.  6.     (36  Stat.  11.) 

Books,  etc.,  photographs,  etc.,  and  philosophical  and  scientific  apparatus,  etc.. 
for  institutions  established  for  scientiflc.  etc..  purposes,  exempt  from  duty. 

That  on  and  after  the  day  following  the  passage  of  this  Act,  *  *  * 
the  articles  mentioned  in  the  following  paragraphs  shall,  when  im- 


PUBLIC    BUILDINGS   AND   GROUNDS.  359 

I  ported  into  the  United  States  or  into  any  of  its  possessions  (except 
|l  the  Philippine  Islands  and  the  islands  of  Guam  and  Tutuila),  be 
exempt  from  duty: 

******  * 

519.  Books,  maps,  music,  photographs,  etchin<?s,lithofrraphic  prints, 
I  and  charts,  specially  imported,  not  more  than  two  copies  in  one  in- 
voice, in  STOod  faith,  for  the  use  and  by  order  of  any  society  or  insti- 
tution incorporated  or  established  solely  for  relifrious,  philosophical, 
scientific,  or  literary  purposes,  or  for  the  encouragement  of  the  fine 
arts,  or  for  the  use  and  by  order  of  any  college^  academy,  school,  or 
seminary  of  learning  in  the  United  States,  or  any  state  or  public 
library,  and  not  for  sale,  subject  to  such  regulations  as  the  Secretary 
of  the  Treasury  shall  prescribe. 

******  He 

650.  Philosophical  and  scientific  apparatus,  utensils,  instruments, 
and  preparations,  including  bottles  and  boxes  containing  the  same, 
specially  imported  in  good  faith  for  the  use  and  by  order  of  any 
society  or  institution  incorporated  or  established  solely  for  religious, 
philosophical,  educational,  scientific,  or  literary  purposes,  or  for  the 
encouragement  of  the  fine  arts,  or  for  the  use  and  by  order  of  any 
college,  academy,  school,  or  seminary  of  learning  in  the  United 
States,  or  any  state  or  public  library,  and  not  for  sale,  subject  to 
such  regulations  as  the  Secretary  of  the  Treasury  shall  prescribe. 

Act  August  5,  1909,  c.  6,  36  Stat.  71,  74,  78. 

These  are  provisions  of  "An  act  to  provide  revenue,  equalize  duties  and 
encourage  the  industries  of  the  United  States,  and  for  other  purposes," 
cited  above. 


PUBLIC    BUILDINGS    AND    GROUNDS. 

ACT  AUGUST  1.   1888,  c.  723.     An  act  to  authorize  condemnation  of  land  for 
sites  of  i)uhlic  buildings,  and  for  other  purposes.     (25  Stat.  357.) 

That  in  every  case  in  which  the  Secretary  of  the  Treasury  or  any 
other  officer  of  the  Government  has  been,  or  hereafter  shall  be,  au- 
thorized to  procure  real  estate  for  the  erection  of  a  public  building 
or  for  other  public  uses  he  shall  be,  and  hereby  is,  authorized  to  ac- 
quire the  same  for  the  United  States  by  condemnation,  under  judicial 
process,  whenever  in  his  opinion  it  is  necessary  or  advantageous  to 
the  Government  to  do  so,  and  the  United  ^States  circuit  or  district 
courts  of  the  district  wherein  such  real  estate  is  located,  shall  have 
juri.sdiction  of  proceedings  for  such  condemnation,  and  it  shall  be 
the  duty  of  the  Attorney-General  of  the  United  States,  upon  every 
application  of  the  Secretary  of  the  Treasury,  under  this  act.  or  such 
other  officer,  to  cause  proceedings  to  be  commenced  for  condenma- 
tion.  within  thirty  days  from  the  receipt  of  the  application  of  the 
I)ei)artment  of  Justice. 

Act  August  1,  1888,  c.  728,  s.  1,  25  Stat.  3.57. 

ACT  JUNE  25,  1910,  c.  383.      (36  Stat.  676.) 

Plans,   etc.,   for   buildings    for    departments,    etc.:    preparation    by    Supervising 
Architect;  reimbursement  for  cost  of  work. 

Sr.c.  35.  That  hereafter  the  Secretan'  of  the  Treasury  may,  in  his 
discretion,  upon  the  request  of  the  head  of  any  other  executive  de- 


360         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

partment,  *  *  *  cause  the  plans,  drawings,  designs,  specifica- 
tions, and  estimates  to  be  prepared  in  the  office  of  the  Supervising 
Architect,  for  any  building  or  building-s  for  governmental  purposes 
which  the  head  of  any  other  executive  department  *  *  *  niay  be 
authorized  to  have  constructed:  Provided^  That  the  proper  ap- 
propriations for  the  support  and  maintenance  of  the  office  of  the 
Supervising  Architect  be  reimbui*sed  for  the  cost  of  such  work. 

Act  .Tune  25.  1910.  c.  3S3,  s.  35,  3G  Stat.  699. 

ACT  JUNE  23,  1874,  c.  476.     (18  Stat.  275.) 
Selection  of  sites  for  public  buildings. 

Sec.  2.  That  in  the  selection  of  a  site  for  any  public  building  not 
yet  commenced,  reference  shall  be  had  to  the  interest  and  convenience 
of  the  public,  as  well  as  to  the  best  interests  of  the  Government ;  and 
the  Secretary  of  the  Treasury  shall  have  power,  and  it  shall  be  his 
duty,  to  set  aside  any  selection  which  in  his  opinion  has  not  been 
made  solely  with  reference  thereto.  No  expenditure  shall  be  made 
upon  any  building,  a  site  for  which  has  been  selected,  and  work 
upon  which  has  not  been  commenced,  until  such  of  the  persons  who 
acted  as  commissioners  in  .selecting  such  site  shall  make  and  file  with 
the  Secretary  of  the  Treasury  an  oath  or  affirmation  that  he  is  not 
at  the  time  of  making  the  affidavit,  and  was  not  at  the  date  of  mak- 
ing the  selection  of  such  site,  directly  or  indirectly  interested  in  the 
property  selected  for  the  same,  and  a  similar  affidavit  shall  be  made 
and  filed  by  each  and  every  person  hereafter  appointed  as  such  com- 
missioner, before  any  site  .shall  be  finally  adopted.  In  either  case  a 
failure  on  the  part  ^)f  any  commissi(;ner  to  make  and  file  such  an 
affidavit  shall  render  the  selection  void. 

Act  .Tnne  23.  1874,  c.  476.  s.  2.  18  Stat.  276. 

ACT  MARCH  2,  1889,  c.  411.      (25  Stat.  939.) 

Plans  not  to  be  approved   until   selection   of  site;    expenditures   not  to  exceed 
appropriations. 

That  hereafter  no  plan  shall  be  approved  by  the  Secretary  of  the 
Treasurj'^  for  any  public  building  authorized  by  Congi-ess  to  be 
erected,  until  after  the  site  therefor  shall  have  been  finally  selected; 
and  he  shall  not  authorize  or  approve  of  any  plan  for  any  such  build- 
ing which  shall  involve  a  greater  expenditure  in  the  completion  of 
such  building,  including  heating  apparatus,  elevatoi*s,  and  approaches 
thereto,  than  the  amount  tliat  shall  remain  of  the  sum  specified  in 
the  law  authorizing  the  erection  of  such  building  excluding  cost  of 
site. 

Act  Mnn-li  2,  1SS9,  c.  411,  s.  1.  25  Sf:if.  0-11. 

ACT  MAY  30.  1908.  c.  228.      (35  Stat.  520.) 

Contracts   for  public  buildings  authorized  within   limit  of  cost  fixed,   although 
appropriations  are  in  part  only. 

Sec.  34.  That  hereafter  in  all  cases  where  appropriations  are  made 
in  part  only  for  carrying  into  effect  the  provisions  of  legislation 
authorizing  the  actpiisition  of  lands  for  sites  or  for  the  enlargement 
of  sites  for  public  buildings,  or  for  the  erection  or  remodeling,  exten- 
sion, alteration,  and  repairs  of  public  buildings,  the  Secretary  of  the 
Treasury,  unless  otherwise  specifically  directed,  be,  and  he  is  hereby, 


PUBLIC    BUILDINGS   AND   GROUNDS.  361 

authorized  and  enipoAvered  to  enter  into  contracts  within  the  full 
limit  of  cost  fixed  by  Congress  therefor. 

Act  M.-iy  30.  1908.  c.  22S.  s.  34,  35  Stat.  543. 

ACT  AUGUST  24.  1912,  c.  355.      (37  Stat.  417.) 

No  building  on  public  grounds,  etc.,  within  District  of  Columbia  without  au- 
thority of  Congress. 

Hereafter  there  shall  not  be  erected  on  any  reservation,  park,  or 
public  grounds,  of  the  United  States  within  the  District  of  Columbia, 
any  building  or  structure  without  express  authority  of  Congress. 

Act  August  24.  1912,  c.  355,  s.  1.  37  Stat.  444. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1913.  cited  above. 

ACT  ATJGTJST  5.  1882,  c.  389.     (22  Stat.  219.) 

Rent  of  buildings  in  District  of  Columbia,  instead  of  others  rented. 

*  *  *  And  where  buildings  are  rented  for  public  use  in  the 
District  of  Columbia,  the  executive  departments  are  authorized, 
whenever  it  shall  be  advantageous  to  the  public  interest,  to  rent 
others  in  their  stead :  Provided.,  That  no  increase  in  the  number  of 
buildings  now  in  use,  nor  in  the  amounts  paid  for  rents,  shall  result 
therefrom. 

Act  August  5.  1882.  c.  389.  s.  1,  22  Stat.  241. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1883.  cited  above. 

Contracts  for  rent  of  buildings  in  the  District  of  Columbia  are  not  to 
be  niMde  until  appropriations  have  been  made  therefor,  by  a  provision 
of  act  March  3,  1877,  c.  106.  s.  1,  set  forth  on  p.  324,  ante,  under  "  Con- 
tracts." 

Heads  of  departments  are  required  to  submit  to  Congress  each  year  in 
the  annual  e.stimates  statements  of  the  buildings  rented  in  the  District 
of  Columbia  by  their  respective  departments,  by  a  provision  of  act  March 
.3,  1883,  c.  12.8,  s.  1.  set  forth  on  p.  312.  ante,  under  "  Estimates  and 
Reports." 

The  Secretary  of  the  Treasury  is  required  to  submit  to  Congress  each 
venr  in  the  Rook  of  Estimates  a  statement  of  the  buildings  rented  in  the 
District  of  Columbia  for  the  use  of  the  Government,  by  act  July  1(5,  1892. 
c.  196.  s.  1.  set  forth  on  p.  .312.  ante,  under  "  Estimates  and  Reports." 

ACT  MARCH  3.  1893.  c.  211.     (27  Stat.  675.) 
Public  buildings  not  to  be  draped  in  mourning. 

Sec.  3.  That  hereafter  no  building  owned,  or  used  for  public  pur- 
poses, bv  the  Government  of  the  United  States,  shall  be  draped  in 
mourning  and  no  part  of  the  public  fund  shall  be  used  for  such 
purpose. 

Act  Miirch  3.  1893.  c.  211.  s.  3,  27  Stat.  715. 

This  section  is  a  part  of  the  legislative,  executive,  and  judicial  aj>T)ro- 
priation  act  for  the  fiscal  year  1894.  cited  above. 

ACT  APRIL  28.  1902.  c.  594.     (32  Stat.  120.) 

Use  of  public  buildings  for  ceremonies  of  inauguration  of  President,  or  other 
public  function,  forbidden. 
That  hereafter  no  public  building,  or  the  approaches  thereto,  other 
than  the  Capitol  building  and  the  AVhite  House,  in  the  District  of 
Columbia,  shall  be  u.sed  or  occupied  in  any  manner  whatever  in  con- 
nection with  ceremonies  attending  the  inauguration  of  the  President 


362         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

of  the  United  States,  or  other  public  function,  except  as  may  here- 
after be  expressly  authorized  by  law. 

Act  April  28,  1902,  c.  594,  s.  1.  32  Stat.  152. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1903,  cited  above. 

ACT  MARCH  3,  1883,  c.  143.     (22  Stat.  603.) 
Shutting  off  flow  of  water  in  public  buildings. 

*  *  *  all  officers  in  charge  of  public  buildings  in  the  District 
of  Columbia  shall  cause  the  flow  of  water  in  the  buildings  under 
their  charge  to  be  shut  off  from  five  o'clock  post  meridian  to  eight 
o'clock  ante  meridian :  Provided^  That  the  water  in  said  public  build- 
ings is  not  necessarily  in  use  for  public  business. 

Act  .March  3.  1SS3,  c.  143,  22  Stat.  615. 

This  is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1884,  clte<l  above. 

ACT  MARCH  3.  1877,  c.  105.     (19  Stat.  344.) 
Report  of  consumption  of  gas  in  public  buildings. 

*  *  *  That  the  .superintendent  of  meters  at  the  Capitol  shall 
hereafter  take  the  statement  of  the  meters  of  the  several  Department 
buildings  in  the  city  of  Washington  and  render  to  the  proper  account- 
ing officers  of  the  Treasury  Department  the  consumption  of  gas  each 
month  in  said  buildings  respectively. 

Act  March  3,  1877,  c  lOo,  19  Stat.  359. 

This  is  a  proviso  annexed  to  the  sundry  civil  appropriation  act  for  the 
fiscal  year  1878,  cited  above.  A  proviso  in  the  same  words  accompanied 
the  similar  appropriation  act  for  the  preceding  fiscal  year. 

ACT  JULY  29,  1892,  c.  320.      (27  Stat.  322.) 

Laws  of  District  of  Columbia  for  protection  of  property  and  preservation  of 
peace  and  order,  extended  to  buildings  and  grounds  of  United  States  in 
the  District. 

Sec.  15.  That  the  provisions  of  the  several  laws  and  regulations 
within  the  District  of  Columbia  for  the  protection  of  public  or  private 
property  and  the  proservntion  of  peace  and  order  be,  and  the  same 
are  liereby,  extended  to  all  public  building.s  and  public  grounds  be- 
longing to  the  United  States  within  the  District  of  Columbia.  And 
any  person  guilty  of  disorderly  and  unlawful  conduct  in  or  about 
the  same,  or  who  shall  willfully  injure  the  buildings  or  shrubs,  or 
shall  pull  down,  impair,  or  otherwise  injure  any  fence,  wall,  or  other 
inclosure,  or  .shall  mjure  any  sink,  culvert,  pipe,  hydrant,  cistern, 
lamp,  or  bridge,  or  shall  remove  any  stone,  gravel,  sand,  or  other 
property  of  the  United  States  or  any  other  part  of  the  public  grounds 
or  lots  belonging  to  the  United  States  in  the  District  of  Columbia, 
shall,  upon  conviction  thereof,  be  fined  not  more  than  fifty  dollars. 

Act  July  29,  1892.  c.  320,  s.  15,  27  Stat.  325. 

ACT  MARCH  4.  1907,  c.  2918.      (34  Stat.  1295.) 

Restriction  of  expenditures  for  production  of  electricity,  from  appropriations 
for  buildings. 

Skc.  1).  \o  appropriation  heretofore  or  hereafter  made  for  the  con- 
struction or  equipment  of  any  executive  or  municipal  building  in  the 
District  of  Columbia  shall  be  expended  for  the  production  of  elec- 


PUBLIC   PRINTING.  363 

I 

jiricity  for  light  or  power,  unless,  in  the  judgment  of  the  Secretary  of 
he  Treasury,  such  necessary  electric  current  for  light  and  power  can 
.lot  be  obtained  at  a  less  cost. 

}  Act  March  4,  1907,  c.  291S,  s.  9,  34  Stat.  1371. 

i  This  section  is  a  part  of  the  sundry  civil  appropriation  act  for  the 

i  fiscal  year  1908,  cited  above. 


PUBLIC  PRINTING. 


dCT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 

hpartment  printing  offices  to  be  part  of  Government  Printing  Office;  control 
I  and  supervision  of  Public  Printer;  act  not  to  apply  to  Weather  Bureau 
1       printing  office;    requisitions  for  work. 

Sec.  31.  All  j)rinting  offices  in  the  Departments  now  in  operation, 
)r  hereafter  put  in  operation,  by  law,  shall  be  considered  a  ])art  of 
he  Government  Printing  Cffice.  and  shall  be  under  the  control  of 
he  Public  Printer,  who  shall  furnish  all  presses,  types,  imposing 

•  tones,  and  necessary  machinery  and  material  for  said  offices  from 
he  general  supplies  of  the  Government  Printing  Office;  and  all  paper 
lud  material  of  every  kind  used  in  the  said  offices  for  departmental 
vork,  except  letter  and  note  paper  and  envelopes,  shall  be  supplied 
)V  the  Public  Printer;  and  all  persons  employed  in  said  printing 
offices  and  binderies  shall  be  appointed  by  the  Public  Printer,  and 
)e  carried  on  his  pay  roll  the  same  as  employees  in  the  main  office, 
md  shall  be  responsible  to  him:  Provided,  That  the  terms  of  this 
Vet  shall  not  apply  to  the  office  in  the  "Weather  Bureau.  *  *  * 
tut  the  Public  Printer,  with  the  approval  of  the  Joint  Committee 
)n  Printing,  may  abolish  any  of  these  excepted  offices  whenever  in 

I   heir  judgment  the  economy  of  the  public  service  would  be  thereby 

I  idvanced. 

J  All  work  done  in  the  said  offices  shall  be  ordered  on  blanks  pre- 
pared for  that  purpose  by  the  Public  Printer,  which  shall  be  num- 

.  ,)ered  consecutively,  and  must  be  signed  by  someone  designated  by 
ho  head  of  the  Department  for  which  the  work  is  to  be  done,  who 
;hall  be  held  responsible  for  all  work  thus  ordered,  and  who  shall 
luarterly  report  to  the  head  of  the  Department  a  classified  statement 
)f  the  work  done  and  the  cost  thereof,  which  report  shall  be  trans- 
knitted  to  the  Public  Printer  in  time  for  his  annual  report  to  Con- 
rress.  The  Public  Printer  shall  show  in  detail,  in  his  annual  report, 
he  cost  of  operating  each  departmental  office. 

||  Act  January  12,  1895.  c.  23.  s.  31,  28  Stat.  605. 

'form  and  style  of  work  for  departments. 

|[    Sec.  51.  The  forms  and  style  in  which  the  printing  or  binding 

■'ordered  bv  any  of  the  Departments  shall  be  executed,  and  the  ma- 

erial  and  the  size  of  type  to  be  used,  shall  be  determined  by  the 

Public  Printer,  having  proper  regard  to  economy,  workmanship,  and 

:he  purposes  for  which  the  work  is  needed. 

Act  January  12.  1895.  c.  23.  s.  51,  28  Stat.  608. 

Olnstrations  and   maps   in   documents   and   reports;    orders   for  printing  to   be 
acted  upon  within  one  year. 

Sec.  80.  No  document  or  report  to  be  illustrated  or  accompanied 
ay  maps  shall  be  printed  by  the  Public  Printer  until  the  illustrations 


364         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

or  maps  designed  therefor  shall  be  ready  for  publication;  and  r 
order  for  public  printing  shall  be  acted  upon  by  the  Public  Print( 
after  the  expiration  of  one  year,  unless  the  entire  copy  and  illustr; 
tions  for  the  work  shall  have  been  furnished  within  that  perio( 
Provided.  This  section  shall  not  apply  to  orders  heretofore  mat 
for  the  printing  of  a  series  of  volumes  on  one  subject. 
Act  January  12,  189.5.  c.  23.  s.  80.  28  Stat.  621. 

RES.  JANUARY  15.  1908,  No.  3.     Joint  resolution  amending  an  act  relative 
the  public  printing  and  binding,  approved  March  first,  nineteen  hundred  ai 
seven.     (35  Stat.  565.) 

Designation  and  binding  of   department  publications  ordered  printed  by  Co 
gress. 

That  publications  ordered  printed  by  Congress,  or  either  Hou 
thereof,  shall  be  in  four  series,  *  *  *  The  publications  in  ea( 
series  shall  l)e  consecutively  numbered,  the  numbers  in  each  sori 
continuing  in  unbroken  sequence  throughout  the  entire  term  of 
Congress,  *  *  *  Provided^  That  of  the  usual  number,  the  copi 
which  are  intended  for  distribution  to  State  and  Territorial  librari 
and  other  designated  depositories  of  all  annual  or  serial  publicatioi 
originating  in  or  prepared  by  an  Executive  Department,  burea 
office,  commission,  or  board  shall  not  be  numbered  in  the  docume 
or  report  series  of  either  House  of  Congress,  but  shall  be  designat( 
by  title  and  bound  as  hereinafter  provided,  and  the  department 
edition,  if  any,  shall  be  printed  concurrently  with  the  "  usu 
number ; "     *     *     * 

Ues.  January  15.  1908.  No.  3,  s.  1.  35  Stat.  565. 

Previous  siniiliir  provisions  were  contained  in  section  2,  act  March 
1907.  c.  2284,  34  Stat.  1013.  which  section  is  expressly  repealed  by  » 
tion  3  of  this  act. 

ACT  MARCH  1,  1907,  c.  2284.     (34  Stat.  1012.) 

Departments    submitting   reports   or   documents   in   response    to   inquiries   frc 
Congress,  to  submit  estimate  of  cost  of  printing. 

Any  Executive  Department,  bureau,  board,  or  independent  offi 
of  the  Covernment  sul)mitting  reports  or  documents  in  response 
inquiries  from  ('ongress  shall  submit  thercAvith  an  estimate  of  t 
probable  cost  of  printint;  to  the  usual  number.  Nothing  in  tl 
paragrupli  relating  to  estnnates  shall  apply  to  reports  or  documer 
not  e\o<M^(ling  fifty  pages. 

Act  Marcli  1,  1007,  c.  2284,  s.  1.  .^4  Stat.  1013. 

ACT  JANUARY  12,  1895,  c.  23.     (28  Stat  601.) 

No  printing  or  binding  unless  authorized  by  law;    style  of  binding  for  depa 
ments. 

Sec.  8().  Xo  printing  or  binding  shall  be  done  at  the  Governmc 
Printing  Oflice  unless  authorized  l)y  law.  Binding  for  the  Depai 
ments  of  the  Government  shall  be  done  in  plain  sheep  or  cloth,  exce 
that  record  and  account  books  may  be  bound  in  Russia  leather,  she 
Heshei's,  and  skivei-s,  when  authorized  by  the  head  of  a  Departmer 
Proviflrd,  The  libraries  of  tlie  several  Departments  *  *  *  m 
liiive  books  foi-  the  exclusive  use  of  said  libraries  bound  in  half  Ti 
key,  or  material  no  more  expensive. 

.\(t  January  12.  1895.  c.  23,  s.  86.  28  Stat.  622. 

This  section  sui)ersodos  Hev.  St.  se<'.  3785  and  a  provision  of  act  Jn 
20,  1878,  c.  -MA),  s.  1,  20  St.it.  207. 


PUBLIC    PRINTING.  365 

inting,  binding,  and  blank  books  for  executive  departments. 
8ec.  87.  All  printintr,  biiuliiiir,  mid  blank  books     *     *     *     for  the 
xecutive     *     *     *     Departments  shall  be  done  at  the  Government 
rinting  Office,  except  in  cases  otherwise  provided  by  law. 

Act  Jjuiunry  12,  lS9r>.  c.  23.  s.  87.  28  Stat.  022. 
This  section  supersedes  IJev.  St.  sec.  3786. 

:T  JUNE  28.  1902,  c.  1301.     (32  Stat.  419.) 

ipplies  for  executive  departments  to  be  furnished  by  Public  Printer. 

The  Public  Printer  is  authorized  hereafter  to  procure  and  supply, 
1  the  requisition  of  the  head  of  any  Executive  Department  or  other 
overnment  establishment,  complete  manifold  blanks,  books,  and 
inns,  required  in  duplicatinir  processes;  also  complete  patented 
jvices  with  which  to  file  money-order  statements,  or  other  uniform 
ficial  pajx'rs,  and  to  charg^e  such  supplies  to  the  allotment  for 
rinting  and  binding  of  the  Department  or  Government  establish- 
ent  requiring  the  same. 

Act  June  28,  1902.  c.  1301,  s.  1,  32  Stat.  481. 

This  is  a  paragraph  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1903,  cited  above. 

:T  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 

jpropriations  for  printing  not  to  be  exceeded;  limitation  on  number  of  copies 
of  reports,  etc.;  annual  reports  of  heads  of  departments  and  chiefs  of 
bureaus. 

Sec.  89.  No  printing  shall  be  done  for  the  Executive  Departments 
I  any  fiscal  year  in  excess  of  the  amount  of  the  appropriation,  and 
5ne  shall  be  done  without  a  special  requisition,  signed  by  the  chief 
F  the  Department  and  filed  with  the  Public  Printer. 
No  report,  publication,  or  document  shall  be  printed  in  excess  of 
le  number  of  one  thousand  of  each  in  any  one  fiscal  year  without 
ithorization  therefor  by  Congress,  except  that  of  the  annual  report 
F  the  head  of  the  Department  without  appendices  there  may  be 
rinted  in  any  one  fiscal  year  not  to  exceed  five  thousand  copies, 
")und  in  pamphlet  form;  and  of  the  reports  of  chiefs  of  bureaus 
ithout  appendices  there  may  be  printed  in  any  one  fiscal  year  not 
)  exceed  two  thousand  five  hundred  copies,  bound  in  pamphlet 
)rm ;     *     *     * 

Heads  of  Executive  Departments  shall  direct  whether  reports  made 
>  them  by  bureau  chiefs  and  chiefs  of  divisions  shall  be  printed  or 
at. 

Act  January  12.  1895,  c.  23,  a.  89.  28  Stat.  622, 

A  proviso  of  this  section,  here  omitted,  relatin,ii  to  the  printing  of  the 
monthly  crop  report  and  other  reitorts  and  hull«»tins  of  the  Department 
of  ApriVulture,  and  maps.  etc..  and  minor  reports  of  the  Weather  Bureau, 
is  set  forth  on  p.  24,  ante. 

ES.  MARCH  30,  1906.  No.  13.  Joint  resolution  to  correct  abuses  in  the  public 
printing  and  to  provide  for  the  allotment  of  cost  of  certain  documents  and 
reports.     (34  Stat.  82.5.) 

ppropriations  chargeable  with  cost  of  printing  and  binding  for  executive 
departments;  estimate  of  cost  of  publications  required  by  law,  and  applica- 
tion of  appropriation  thereto. 

That  hereafter,  in  the  printing  and  binding  of  documents  or  reports 
manating  from  the  E.xecutive  Departments,  bureaus,  and  independ- 
nt  offices  of  the  Government,  the  cost  of  which  is  now  charged  to  the 


366         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

allotment  for  printing  and  binding  for  Congress,  or  to  appropriation? 
or  allotments  of  appropriations  other  than  those  made  to  the  Execu- 
tive Departments,  bureaus,  or  independent  offices  of  the  Government. 
the  cost  of  illustrations,  composition,  stereotyping,  and  other  work- 
involved  in  the  actual  preparation  for  printing,  apart  from  the  ci-ea- 
tion  of  manuscript,  shall  be  charged  to  the  appropriation  or  allotment 
of  appropriation  for  the  printing  and  binding  of  the  Department, 
bureau,  or  independent  office  of  the  Government  in  which  such  docu- 
ments or  reports  originate;  the  balance  of  cost  shall  be  charged  to 
the  allotment  for  printing  and  binding  for  Congress,  and  to  th( 
approjn-iation  or  allotment  of  appropriation  of  the  Executive  Depart- 
ment, bureau,  or  independent  office  of  the  Government,  in  proportion 
to  the  number  delivered  to  each;  the  cost  of  any  copies  of  such  docu- 
ments or  reports  distributed  otherwise  than  through  Congress,  or  the 
Executive  Departments,  bureaus,  and  independent  offices  of  the  Gov- 
ernment, if  such  there  be,  shall  be  charged  as  heretofore:  Provided. 
That  on  or  before  the  first  day  of  December  in  each  fiscal  year  each 
Executive  Department,  bureau,  or  independent  office  of  the  Govern- 
ment to  whicli  an  appropriatiftn  or  allotment  of  appropriation  for 
printing  and  binding  is  made,  shall  obtain  from  the  Public  Printer 
an  estimate  of  the  probable  ca^t  of  all  publications  of  such  Depart- 
ment, bureau,  or  independent  office  now  required  by  law  to  be  printed, 
and  so  much  thereof  as  would,  under  the  terms  of  this  resolution,  be 
«harged  to  the  appropriation  or  allotment  of  appropriation  of  the 
Department,  bureau,  or  independent  office  of  the  Government  in  which 
such  publications  originate,  shall  thereupon  be  set  aside  to  be  applied 
only  to  the  jn-iiiting  and  binding  of  sucli  documents  and  reports,  and 
shall  not  be  available  for  any  other  purpose  until  all  of  such  allot- 
ment of  cost  on  account  of  such  documents  and  reports  shall  have 
been  fully  paid. 

This  resolution  shall  be  effective  on  and  after  July  first,  nineteen 
hundred  and  six. 

Kcs.  March  30.  1900,  No.  13,  34  Stat  825. 

RES.  MARCH  30,  1906.  No.  14.  Joint  resolution  to  prevont  unnocessury  printing 
and  bimlin;;  jind  to  cornHt  evils  in  the  j)resent  method  of  distribution  of 
I»ui>lie  documents.     (34  Stiit.  826.) 

Documents  and  reports  in  tv/o  or  more  editions;  requisitions  therefor;  number 
of  copies  limited  to  maximum  authorized. 

That  the  Joint  Committee  on  Printing  is  hereby  authorized  and 
directed  to  establish  rules  and  regulations,  from  time  to  time,  which 
.shall  be  observed  by  the  Public  Printer,  wherein'  public  documents 
and  reports  printed  for  Congress,  or  either  House  thereof,  may  be 
printed  in  two  or  more  editions,  instead  of  one,  to  meet  the  public 
requirements:  Provided,  That  in  no  case  shall  the  aggregate  of  said 
edition-^  exceed  the  numlxM-  of  copies  now  authorized  or  which  may 
iiereafier  1h'  authorized:  .1//^/  proridcd  further.  That  the  number  of 
copies  of  any  public  document  or  report  now  authorized  to  be  j^rinted 
or  wliieh  may  hereafter  be  authorized  to  be  jn'inted  for  any  of  the 
Executive  Dejiartments,  or  bureaus  or  branches  thereof,  or  inde- 
]K'ndent  offices  of  the  Government  nuiy  lie  supplied  in  two  or  more 
editions,  instead  of  one,  upon  a  requisition  on  the  Public  Printer  by 
the  official  head  .of  such  Department  or  independent  office,  but  in  no 
case  shall  the  aggregate  of  .said  editions  exceed  the  number  of  copies 


PUBLIC   PRINTING.  367 

)W  autliorized,  or  which  may  hereafter  be  authorized:  Provided 
irther,  That  nothing  herein  shall  operate  to  obstruct  the  printing 
f  the  full  number  of  any  document  or  report,  or  the  allotment  of 
le  full  quota  to  Senators  and  Representatives,  as  now  authorized,  or 
hich  may  hereafter  be  authorized,  when  a  legitimate  demand  for 
16  full  complement  is  known  to  exist. 

lies.  March  30,  1906.  No.  34,  34  Stat.  826. 


ES.  MARCH  28,  1904,  No.  11.  Joint  resolutiou  authorlziug  the  reprinting  of 
certain  docnuients  to  be  sold  by  the  snperiutendent  of  docniuents.  (33 
Stat.  584.) 


■Uprinting  of  public  documents  subject  to  approval  of  heads  of  departments. 

*  *  *  the  superintendent  of  documents  is  hereby  authorized  to 
rder  reprinted,  from  time  to  time,  such  public  documents  as  may  be 
,equired  for  sale,  such  order  for  reprinting  to  be  subject  to  the 
pproval  of  the  Secretary  or  head  of  the  Department  in  which  such 
ublic  document  shall  have  originated:  Provided,  That  the  appro- 
nation  for  printing  and  binding  shall  be  reimbursed  for  the  cost 
f  such  reprints  from  the  moneys  received  by  the  superintendent  of 
ocuments  from  the  sale  of  public  documents. 

Res.  March  28.  1904,  No.  11,  33  Stat  584. 

Act  Jannary  12,  1895,  c.  23,  s.  61,  28  Stat.  610,  mentioned  in  the  por- 
tion of  this  resolution  here  omitted,  provides  for  the  appointment  of  the 
superintendent  of  documents  and  the  sale  of  public  documents  by  hiui. 


¥ 


CT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 

orm  and  style  of  annual  reports  of  executive  officers. 

I  Sec.  91.  The  annual  reports  of  executive  officers  shall  be  printed 
Q  the  same  type  and  form  as  the  report  of  the  head  of  the  Depart- 
ment which  it  accompanies,  unless  otherwise  ordered  by  the  Joint 
'ommittee  on  Printing. 

Act  January  12,  1895.  c.  23,  s.  91,  28  Stat.  623. 

rlnting  and  binding  for  departments;  certificate  that  work  is  necessary;  esti- 
mate of  cost;  requisitions. 

[  Sec.  93.  When  any  Department  *  *  *^  shall  require  printing 
T  binding  to  be  done,  it  shall  be  on  certificate  that  such  work  be  nec- 
ssary  for  the  public  service;  whereupon  the  Public  Printer  shall 
urnish  an  estimate  of  the  cost  by  the  principal  items  for  such  print- 
ng  or  binding  so  called  for,  after  which  requisitions  shall  be  made 
ipon  him  therefor  by  the  head  of  such  Department,  *  *  *  and 
he  Public  Printer  shall  place  the  cpst  thereof  to  the  debit  of  such 
department  in  its  annual  appropriation  for  printing  and  binding. 

|li  Act  January  12,  1895,  c.  23,  s.  93,  28  Stat.  623. 

This  section  supersedes  Rev.  St.  sec.  3789  and  act  June  20,  1878,  c.  359, 
s.  1,  20  Stat.  206. 

Restrictions  on  printing;   exclusion  of  unnecessary  matter  from  annual  reports 
of  executive  officers. 


¥ 


II 


Sec.  04.  No  head  of  any  Executive  Department,  or  of  any  bureau. 
)ranch,  or  office  of  the  Government,  shall  cause  to  be  printed,  nor 
liall  the  Public  Printer  print,  any  document  or  matter  except  that 
vhich  is  authorized  by  law  and  necessary  to  the  public  busines.s;  and 
■xecutive  officers,  before  transmitting  their  annual  reports,  shall  carc- 
,'ully  examine  the  same  and  all  accompanying  documents,  and  ex- 


368         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

elude  therefrom  all  matter,  including  engravings,  maps,  drawings, 
and  illustrations,  except  such  as  they  shall  certify  in  their  letters 
transmitting  such  reports  are  necessary  and  relate  entirely  to  the 
transaction  of  the  public  business. 

Act  January  12.  1895,  c.  23,  s.  94,  28  St:U.  623. 
ACT  MARCH  3,  1905,  c.  1483.     (33  Stat.  1156.) 

Restrictions  on  use  of  appropriations  made  for  printing  and  binding,  for  illus- 
trations, etc. 

*  *  *  That  hereafter  no  part  of  the  appropriations  made  for 
printing  and  binding  shall  be  used  for  any  illustration,  engraving,  or 
photograph  =i=  *  *  i^  any  document  or  report  of  any  executive 
dei)artment  or  other  Government  establishment  until  the  head  of  the 
executive  department  or  Government  establishment  shall  certify  in  a 
letter  transmitting  such  report  that  the  illustration  is  necessary  and 
relates  entirely  to  the  transaction  of  public  business. 

Act  March  3.  1905,  c.  1483,  s.  1,  33  Stat.  1213. 

Tills  i.s  a  proviso  of  tbe  sundry  civil  appropriation  act  for  the  fiscal 
year  190G,  cited  above. 

ACT  MARCH  3,  1905,  c.  1484.     (33  Stat.  1214.) 

Restrictions  on  printing  for  executive  departments. 

Hereafter  no  book  or  document  not  having  to  do  with  the  ordinary 
business  transactions  of  the  Executive  Departments  shall  be  printed 
on  the  requisition  of  any  Executive  Department  or  unless  the  same 
shall  have  been  expressly  authorized  by  Congress. 

Act  Marcli  3,  1905,  c.  14S4.  s.  1.  33  Stnt.  1249. 
Thi.s  Is  a  provision  of  the  deficiency  ai>propriation  act   for  the  fiscal 
year  1905.  cited  above. 


I 


PUBLIC   DOCUMENTS. 

ACT  JANUARY  12,  1895,  c.  23.      (28  Stat.  601.) 

Department  publications  for  distribution,  ~" 

Skc.  58.     *     *     *     of  all  publications  of  the  Executive  Depar 
ments  not  intended  for  their  especial  use,  but  made  for  distribution, 
five  hundred  copies  shall  be  at  once  delivered  to  the  superintendent  or 
documents  for  distribution  to  designated  depositories  and  State  and 
Territorial  libraries. 


.\ot  .Tanuary  12,  1S95.  c.  23,  s.  58.  28  Stat.  010. 
Sale  and  distribution  of  documents  by  superintendent  of  documents. 

Sec.  G1.  *  *  *  whenever  riny  officer  of  the  Government  having 
in  his  cliarge  documents  published  for  sale  shall  desire  to  be  relieved 
of  the  same,  he  is  hereby  authorized  to  turn  them  over  to  the  super- 
iiiteudenl  of  documents,  wlio  shall  receive  and  sell  them  under  the 
provisions  of  this  section.  *  *  *  1l^^  shall  have  general  super- 
vision of  the  distribution  of  all  public  documents,  and  to  his  custody 
shall  be  commitled  all  documents  subject  to  distribution,  excepting 
those  printed  for  the  special  official  use  of  the  Executive  Depart- 
ments, Avhich  shall  be  delivered  to  said  Departments,     *     *     * 

Act  January  12,  1895.  c.  23.  s.  61,  28  Stnt.  610. 

Tlu'  work  of  (listrlbiilion  t)f  piihlicatious  in  the  departments  is  trans- 
ferred It)  the  Public  Trlnter  by  provisions  of  act  August  23,  1912,  c.  350. 
Bet  forth  on  p.  370,  post. 


i 


PUBLIC   DOCUMENTS.  369 

adex  of  public  documents;   heads  of  departments  to  furnish  superintendent  of 
documents  copies  of  department  documents. 

Sec.  62.  The  superinteiulent  of  documents  shall,  at  the  close  of 
ach  regular  session  of  Congress,  prepare  and  publish  a  comprehen- 
ve  index  of  public  documents,  beginning  with  the  Fifty-third  Con- 
■ress,  upon  such  plan  as  shall  be  approved  by  the  Joint  Committee  on 
*rinting:  and  the  Public  Printer  shall,  immediately  upon  its  publi- 
ation.  deliver  to  him  a  copy  of  each  and  every  document  printed  by 
ae  Government  Printing  Office;  and  the  head  of  each  of  the  P^xecu- 
ve  Departments,  bureaus,  and  offices  of  the  Government  shall  deliver 
)  him  a  copy  of  each  and  every  document  issued  or  published  by  such 
)epai'tment,bureau,or  office  not  confidential  in  its  character.  *  *  * 
Act  January  12,  1S9.5.  c.  23,  s.  02,  28  Stat.  610. 

felivery  of  documents  in  charge   of  departments,  to  superintendent  of  docu- 
ments. 

Sec.  67.  All  documents  at  present  remaining  in  charge  of  the  sev- 
ral  Executive  Departments,  bureaus,  and  offices  of  the  Government 
ot  required  for  official  use  shall  be  delivered  to  the  superintendent 
f  documents,  and  hereafter  all  public  documents  accumulating  in 
iid  Departments,  bureaus,  and  offices  not  needed  for  official  use  shall 
e  annually  turned  over  to  the  superintendent  of  documents  for  dis- 
'ibution  or  sale. 

Act  January  12,  1805.  c.  23,  s.  67.  28  Stat.  Gil. 
ionthly  catalogue  of  Government  publications. 

Sec.  69.  xV  catalogue  of  Government  publications  shall  be  prepared 
y  the  sujjerintendent  of  documents  on  the  first  day  of  each  month, 
•hich  shall  sliow  the  docinnents  printed  during  the  preceding  month, 
'here  obtainable,  and  the  price  thereof.  Two  thousand  copies  of  such 
italogue  shall  l>e  printed  in  pamphlet  form  for  distribution. 
Act  Januaiy  12,  189'),  o.  23,  s.  69.  28  Stat.  612. 

CT  FEBRUARY  25,  1903,  c.  755.     (32  Stat.  854.) 

ransfer  of  books,  etc.,  from  departments  to  Library   of  Congress  and   Public 
Library  of  District  of  Columbia. 

The  head  of  any  Executive  department  or  bureau  or  any  commis- 
on  of  the  Government  is  hereby  authorized  from  time  to  time  to 
av\\  over  to  the  Librarian  of  Congress,  for  the  use  of  the  Tiibrary 
f  Congress,  any  books,  maps,  or  other  nuiterial  in  the  libraiy  of  the 
epartment,  bureau,  or  conunission  no  longer  needed  for  its  use,  and 
1  the  judgment  of  the  T^ibrarian  of  Congress  appropriate  to  the 
ses  of  the  I..ibraiy  of  Congress. 

Any  books  of  a 'miscellaneous  character  no  longer  required  for  the 
se  of  such  department,  bureau,  or  conuni.ssion,  and  not  deemed  an 
dvisable  addition  to  the  LibraiT  of  Congress,  shall,  if  appropriate 
)  the  u.ses  of  the  Free  Public  Libraiy  of  the  District  of  Columbia, 
e  turned  over  to  that  library  for  general  use  as  a  i)ait  thcre^)f. 
Ar-t  Fehru.-iry  23.  1903.  c.  7.55.  s.  1.  32  Stat.  865. 

ES.  MARCH  2,  1901,  No.  16.     (31  Stat.  1464.) 

ublications   by   departments  printed  elsewhere   than   at   Government   Printing 
Office. 
Sec.  3.  That  of  anv  publication  printed  at  the  Government  expense 
v  direction  of  any  Department,  commission,  bureau,  or  officer  of  the 

71657—13 24 


370         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

Government  elsewhere  tlian  at  the  Government  Printing  Office  there 
shall  be  supplied  to  the  Library  of  Congress  for  its  own  use  and  for 
international  exchange  sixty-two  copies,  except  as  such  number  shall 
be  enlarged  to  not  exceeding  one  hundred  copies  by  request  of  the 
Joint  Committee  on  the  Library. 

Res.  March  2.  1901,  No.  16,  s.  3,  31  Stat.  14G5. 

ACT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 
Exchange  of  surplus  documents. 

Sec.  95.  Heads  of  Departments  are  authorized  to  exchange  sur- 
plus documents  for  such  other  documents  and  books  as  may  be  re- 
quired by  them,  when  the  same  can  be  done  to  the  advantage  of  the 
public  service. 

Act  Jnnu;iry  12,  1895,  c.  23.  s.  95,  28  Stat.  623. 
Departmental  distribution  of  documents. 

Sec.  92.  Government  publications  printed  for  or  received  by  the 
Executive  Departments,  whether  for  official  use  or  for  distribution, 
shall  be  distributed  by  a  competent  person  detailed  to  such  duty  in 
each  Department  by  the  head  thereof.  He  shall  keep  an  account  in 
detail  of  all  publications  received  and  distributed  by  him.    He  shall 

f>rovent  duplication,  and  make  detailed  report  to  the  head  of  the 
)epartment,  who  .shall  transmit  the  same  annually  to  Congress. 

Act  January  12,  1895.  c.  23.  s.  92,  28  Stat.  623. 

Tlu"  work  of  distribution  of  publications  iii  the  deiiarlnients  is  trans- 
ferred to  the  I'ublic  I'linter  by  provisions  of  act  August  23,  1912,  c.  350, 
set  forth  below. 

ACT  AUGUST  23,  1912,  c.  350.     (37  Stat.  360.) 

No  expenditures  for  distribution  of  publications  by  executive  departments,  ex- 
cept   maps,   weather   reports,    etc.;    Public    Printer    to   perform    the    work; 
departments  to  furnish  mailing  lists  and  franks;  Public  Printer  to  furnish 
copies  of  publications  in  accordance  with  law  or  instructions  of  heads  of 
departments;   provisions  not  to  apply  to  departmental  orders,  instructions, 
etc.,  and  circulars. 
Sec.  8.  That  no  money  appropriated  by  this  or  any  other  Act  shall 
be  used  after  the  first  day  of  October,  nineteen  hundred  and  twelve, 
for  services  in  any  executive  de^)artment  or  other  Government  estab- 
lishment at  Washington,  District  of  Columbia,  in  the  work  of  ad- 
dressing, wrap|)ing,  mailing,  or  otherwise  dispatching  any  publica- 
tion for  public  distribution,  except  maps,  weather  reports,  and  weather 
cards  issued  by  an  executive  tiepartnient  or  oth'er  Government  es- 
tablishment at  Wasiiington,  District  of  Columbia,  or  for  the  purchase 
of  material  or  supplies  to  be  used  in  such  work;  and  on  and  after 
October  lir.st,  nineteen  hundred  and  twelve,  it  shall  be  the  duty  of 
the  Public  Printer  to  perform  .such  work  at  the  Government  Printing 
Office.     Prior  to  October  first,  nineteen  hundred  and  twelve,  eacE 
executive  de|)artuiont  and  other  Goveriunent  establishment  at  Wash- 
ington, District  of  Columbia,  shall  transfer  to  the  Public  Printer  such 
machines,  equipment,  and  materials  as  are  used  in  addressing,  wrap- 
ping, nuiiling.  or  otherwise  disjjatching  publications;  and  each  head 
of  su<*h  executive  department  and  other  Government  establishment  at 
Washington,  Di-trict  of  Colinnbia,  shall  furnish  from  time  to  time 
to  the  Public  Printer  mailing  lists,  in  convenient  form,  and  changes 
(herein,  or  franked  slips,  for  use  in  the  public  distribution  of  publics- 


PUBLIC   DOCUMENTS.  371 

■ions  issued  by  such  department  or  establishment;  and  the  Public 
Printer  shall  furnish  copies  of  any  publication  only  in  accordance 
with  the  provisions  of  law  or  the  instruction  of  the  head  of  the  de- 
partment or  establishment  issuing  the  publication.  The  employment 
ot  all  persons  in  the  several  executive  departments  and  other  Govern- 
ment establishments  at  Washington,  District  of  Columbia,  wholly  in 
connection  with  the  duties  herein  transferred  to  the  Public  Printer, 
or  whose  services  can  be  dispensed  with  or  devolved  upon  another 
because  of  such  transfer,  shall  cease  and  determine  on  or  before  the 
first  day  of  October,  nineteen  hundred  and  twelve,  and  their  salaries 
or  compensation  shall  lapse  for  the  remainder  of  the  fiscal  year  nine- 
teen hundred  and  thirteen  and  be  covered  into  the  Treasury.  A  de- 
tailed statement  of  all  machines,  equipment,  and  material  transferred 
to  the  Government  Printing  Office  by  operation  of  this  provision  and 
of  all  employments  discontinued  shall  be  submitted  to  Congress  at  its 
next  session  by  the  head  of  each  executive  department  and  other 
Government  establishments  at  "Washington,  District  of  Columbia,  in 
the  annual  estimates  of  appropriations:  Provided.,  That  nothing  in 
this  section  shall  be  construed  as  applying  to  orders,  instructions, 
directions,  notices,  or  circulars  of  information,  printed  for  and  issued 
by  any  of  the  executive  departments  or  other  Government  establish- 
ments or  to  the  distribution  of  public  documents  by  Senators  or 
Members  of  the  House  of  Representatives  or  to  the  folding  rooms 
and  document  rooms  of  the  Senate  or  House  of  Representatives. 

Act  August  23.  1912.  c.  .S.W.  s.  S,  37  Stat.  414. 

These  are  provisions!  of  the  legislative,  executive,  and  judicial  appro- 
priation act  for  the  fiscal  year  1913.  cited  above. 

ACT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 
Inserting  "  compliments  "  forbidden. 

No  report,  document,  or  publication  of  any  kind  distributed  by  or 
from  an  Executive  Department  or  bureau  of  the  Government  shall 
contain  any  notice  that  the  same  is  sent  with  "the  compliments"  of 
an  officer  of  tlie  Government,  or  with  any  special  notice  that  it  is  so 
sent,  except  that  notice  that  it  has  been  sent,  with  a  request  for  an 
acknowledgment  of  its  receipt,  may  be  given. 

Act  January  12,  1895,  c.  23,  s.  73,  28  Stat.  620. 

Libraries  of  executive  departments  constituted  depositories  of  Government  pub- 
lications. 

Sec.  98.  The  libraries  of  the  eight  Executive  Departments  *  *  * 
are  hereby  constituted  designated  depositories  of  Government  publica- 
tions, and  the  superintendent  of  documents  shall  supply  one  copy  of 
said  publications,  in  the  same  form  as  supplied  to  other  depositories, 
to  each  of  said  libraries. 

Act  .January  12,  1895,  c.  23,  s.  98,  28  Stat.  624. 

lEES.  AUGUST  3,  1882,  No.  63.     .loint  resolution  requiring  the  Public  Printer  to 
publish  certain  decisions  of  the  First  Comptroller  of  the  Treasury  Depart- 
ment.    (22  Stat.  391.) 
Decisions  of  Comptroller  of  Treasury;  distribution. 

That  the  Public  Printer  be,  and  is,  required  to  print  not  more  than 
one  volume  each  year  of  the  decisions  and  opinions  of  the  First  Comp- 
troller of  the  Treasury  Department,  with  such  explanatory  matter 


372         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

as  he  may  furnish,  *  *  *  and  for  distribution  in  the  manner  pro- 
vided inWtion  seven  of  the  act  of  June  twentieth,  eighteen  hundred 
and  seventy-four  (eighteenth  Statutes  at  Large,  page  one  hundred 
and  thirteen),  providing  for  the  publication  of  the  statutes,  one-half 
the  nunil)er  therein  mentioned. 

Res.  AuKUst  3.  1882,  No.  G3.  22  Stat.  391. 

Act  June  20.  1.S74,  c.  So.'s  s.  7,  IS  Stat.  11 H.  mentioned  in  this  provision, 
relates  to  the  i>rei)aration  ami  distribution  of  the  Statutes  at  I>arge  by 
the  Secretary  of  State,  and  i)rovides  that  he  shall  distribute  certain  num- 
bers of  copies,  or  as  mnny  thereof  as  may  be  needed,  to  various  officials. 
Government  establishments.  ;ind  executive  departments,  allotting  "to  the 
Department  of  Agriculture,  five  copies." 

ACT  MARCH  3.  1911.  c.  231.     (36  Stat.  1087.) 
Court  of  Claims  reports;  distribution. 

Sec.  148.  *  *  *  At  the  end  of  every  term  of  the  court  he  [the 
clerk  of  the  Court  of  Claims]  .shall  transmit  a  copy  of  its  decisions  to 
the  heads  of  Departments;  *  *  *  to  the  chiefs  of  bureaus,  and 
to  other  officers  charged  with  the  adjustment  of  claims  against  the 
United  States. 

Act  March  :!.  1011.  c.  231.  s.  li;}.  30  Stat.  11.36. 

This  section  incori>oratos  therein  the  provisions  of  liev.  Si.  see.  1007. 
which  section  is  expressly  repealed  by  section  297  of  this  ;ict. 

Supreme  Court  reports  and  digests  thereof;   distribution.  ^ 

Sec.  227.  The  Attorney  General  shall  distribute  copies  of  the  Su- 
preme Court  reports  as  follows ;  *  *  *  the  Secretary  of  Agricul- 
ture, *  *  *  each  Assistant  Secretary  of  each  Executive  Depart- 
ment, *  *  *  the  Forester,  Department  of  Agriculture,  *  *  * 
and  tlu'  heads  of  such  other  executive  offices  as  may  be  provided 
by   law,  of  equal   grade   with   any  of  said  offices,  each  one  copy; 

*  *  *  Tie  shall  al.so  distribute  one  complete  set  of  said  reports,  and 
one  set  of  the  digests  thereof,  to  such  executive  officers  as  are  entitled 
to  receive  said  reports  under  this  .section  and  have  not  already  received 
them,  *  *  *  Such  reports  and  digest  shall  remain  the  property 
of  the  United  States,  and  shall  be  preserved  b}'^  the  officers  above 
named  and  by  them  turned  over  to  their  successors  in  office. 

Act  March  .3,  1911.  c.  231,  s.  227.  .30  Stat.  1154. 

ACT  JANUARY  12,  1895.  c.  23.     (28  Stat.  801.) 
Cong^ressional  Record;   distribution. 

The  Public  Printer  shall  furnish  the  Congressional  Record  as  fol- 
lows and  shall  furnish  gratuitously  no  others  in  addition  thereto: 

*  *     *     To  the  library  of  each  of  the  eight  Executive  Dejiartments, 

*  *     *     one  l)()und  cojn'.     *     *     * 

Act  .January  12,  ISO.'i.  c.  2;j.  s.  73.  2S  Stat.  617. 

Examination    of  Congressional   Record;    departments    to   order   publications   re- 
quired; limit  bills  and  resolutions  for  departments. 

Sec.  do.  The  heads  of  Executive  Departments,  and  such  executive 
ollicers  as  are  not  connected  with  the  Departments,  resjiectively,  shall 
cause  daily  e.xaiuination  of  the  C^)Ugressl()lKll  Record  for  the  purpose 
of  noting  documents,  re|)orts,  and  other  i)ublications  of  interest  to 
their  Dcpartuicuts,  and  shall  cause  an  innnediate  order  to  be  sent  to 
the  Public  riiiiter  for  the  number  of  copie<  of  such  publications  re- 


PUBLIC   DOCUMENTS.  373 

quired  for  ofliciiil  use.  not  to  exceed,  liowever,  the  number  of  bureaus 
in  tlie  I)oii:utnient  and  divisions  in  (he  office  of  the  head  thereof. 
The  Public  Printer  sh.all  send  to  each  Executive  Department  and  to 
each  executive  office  not  connected  Avilh  the  Departments,  as  soon  as 
printed,  five  copies  of  all  bills  and  resolutions,  *  *  *  When 
(he  head  of  a  Department  desires  a  jrreater  number  of  any  class  of 
bills  or  resolutions  for  oflicial  use,  thev  shall  be  furnished  by  the  Pub- 
lic Printer  on  requisition  jiromjitly  made. 

Act  January  12,  1895,  c.  23,  s.  90.  28  St:it.  623. 
Pamphlet  copies  of  statutes;   distribution. 

The  Secretary  of  State  shall  cause  to  be  edited,  printed,  published, 
and  distributed  pamphlet  copies  of  the  statutes  of  the  present  and 
each  future  session  of  Congress  to  the  officers  and  persons  hereinafter 
provided  for;  said  distribution  shall  be  made  at  the  close  of  every 
session  of  Congress,  as  follows:  *  *  *  to  the  Department  of 
Agriculture,  fifty  copies;     *     *     * 

Act  Jiinuary  12.  1895.  c.  23.  s.  73.  2S  Stat.  614. 
Copies  of  the  Statutes  at  Large;  distribution. 

After  the  close  of  each  Congress  the  Secretary  of  State  shall  have 
edited,  printed,  and  bound  a  sufficient  number  of  the  volumes  con- 
taining the  Statutes  at  Large  enacted  bv  that  Congress  to  enable  him 
to  distribute  copies,  or  as  many  tliereof  as  may  be  needed,  as  follows: 
*     *     *     to  the  Department  of  Agriculture,  fifty  copies;     *     *     * 

Act  .Taniiary  12.  1895.  c.  23.  s.  73.  28  Stat.  615. 

ACT  MARCK  4,  1907,  c.  2919.     (34  Stat.  1371.) 
Index  to  Statutes  at  Large;   distribution. 

The  Public  Printer  shall  cause  the  new  index  to  the  Statutes  at 
Large,  now  being  prepared  in  accordance  with  the  plan  approved  by 
the  eTudiciary  Committee.s  of  both  Houses  of  Congress,  to  be  printed, 
bound  and  distributed  in  the  manner  now  provided  by  law  for  the 
printing,  binding  and  distribuiion  of  the  United  States  Statutes  at 
Ijarge. 

Act  March  4,  1907,  c.  2919,  s.  1.  34  Stat.  1398. 

Provisions  for  the  printing,  binding,  and  distribution  of  the  Statutes  at 
Large  are  contained  in  act  January  12,  1895,  c.  23,  s.  73,  set  forth  above. 

ACT  JANUARY  12.  1895,  c.  23.     (28  Stat.  601.) 
Revised  Statutes  and  supplements;   distribution. 

The  Secretary  of  State  shall  cause  to  be  printed  and  bound  at  the 
Government  Printing  Office  as  many  volumes  of  the  Revised  Stat- 
utes of  the  United  States,  and  the  Supplement  to  the  Revised  Stat- 
utes of  the  United  States,  volume  one,  second  edition,  eighteen  hun- 
dred and  seventy-four  to  eighteen  hundred  and  ninety-one,  author- 
ized under  (he  Act  of  April  ninth,  eighteen  hundred  and  ninety,  as 
may  be  needed  for  distribution  to  de-signated  depositories.  State  and 
Territorial  libraries  and  to  United  States  Courts  not  already  sup- 
plied, and  for  sale  by  his  office  at  the  cost  thereof. 

Act  January  12,  1895,  c.  23,  P.  73.  28  Stat.  614. 

Res.  May  22,  1878,  No.  22.  22  Stat.  251,  providing  for  the  distribution 
of  the  seoond  edition  of  the  Revised  Statutes,  allots  "to  the  Department 
of  Agriculture,  five  copies." 


374         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

Res.  June  7,  1880,  No.  44,  provides  for  a  supplement  to  be  "  distributed 
as  provided  for  tbe  distribution  of  the  Revised  Statutes"  by  Res.  May  22, 
1878,  No.  22,  "and  such  iidditioual  copies,  on  the  order  of  the  Secretary 
of  State,  as  may  be  necessary  from  time  to  time  *  *  *  to  supply  de- 
liciencles  and  oihces  newly  created." 

Act  April  9,  1890,  c.  73,  26  Stat.  50,  mentioned  above,  provides  for  a 
supplement  to  be  distributeil  to  Members  of  Congress  for  distribution  by 
them  to  ••  the  departments,  libraries,  public  olflcers  and  others,  the  same 
number  to  each  as  heretofore  provided  for  the  distribution  of  the  Revised 
Statutes  of  the  United  States." 

Further  provisions  for  the  publication  and  distribution  of  supplements 
of  the  Revlsetl  Statutes  are  contained  in  act  February  27,  1893,  c.  167, 
s.  1,  27  Stat.  477,  act  June  4,  1S97,  c.  2,  s.  1,  30  Stat.  30,  and  act  March  3, 
1901,  c.  853,  8.  1,  31  Stat.  1162. 

Congressional  Directory;    distribution. 

There  shall  be  ijreparod  under  the  direction  of  the  Joint  Committee 
on  Printing  a  Congres.sional  Director}',  of  which  there  shall  be  three 
editions  during  each  long  session  and  two  editions  during  each  short 
se.ssion  of  Congress.  The  first  edition  shall  be  distributed  to  Senators, 
llepresentatives,  Delegates,  the  principal  officers  of  Congress,  and 
heads  of  Departments  on  the  first  day  of  the  session,  and  shall  be 
ready  for  distribution  to  others  within  one  week  thereafter.  The 
number  and  distribution  of  such  Directory  shall  be  under  the  control 
of  the  Joint  Committee  on  Printing,     *     *     * 

Act  January  12,  1S95.  c.  23,  s.  73,  28  Stat.  617. 
Official  Register;   distribution. 

The  Secretary  of  the  Interior  shall  cause  the  Official  Register  to  bt 
edited,  indexed,  and  published  by  the  chief  clerk  of  the  Interioi 
Department,  on  the  first  day  of  December  following  the  first  day  oi 
July  above  mentioned. 

()f  the  Oflicial  Register  three  thousand  copies  shall  be  printed  ant 
bound,  which  shall  be  distributed  as  follows:  *  *  *  ^^  H^g  jy^ 
part ment  of  Agriculture,  fifteen  copies;     *     *     * 

Act  January  12,  1895,  c.  23,  s.  73,  28  Stat.  610. 

Other  i)rovisions  of  this  section  relating  to  the  preparation  and  content 
of  the  Oflicial  Register,  are  set  forth  on  p.  306.  ante,  under  "  Ollices 
Clerks,  and  Employees." 

Tlie  Director  of  the  Census  is  required  to  edit,  index,  and  publish  thi 
OHlcial  HeRister,  and  the  provision  above  set  forth,  imposing  that  dut; 
ui)on  the  Department  of  the  Interior  is  repealed,  by  a  provision  of  ac 
June  7,  1906,  c.  3048,  set  forth  on  p.  306,  ante,  under  "  OtHcers,  Clerks,  an( 
Emi)loyee8.'' 

Specifications  and  drawings  of  patents;  distribution. 

The  Cominissioner  of  Patents,  upon  the  requisition  of  the  Secretar; 
of  the  Interior,  is  authorized  to  continue  the  printing  of  the  following 
*  *  *  Copies  of  tlie  specific^itions  and  drawings  of  each  paten 
issued,  bouiul  in  montlily  vohimes,  one  copy  for  each  of  the  Executiv 
Depart iiicnts  of  the  Government,  *  *  *  which  copies  shall  b 
certified  under  the  hand  of  the  Commissioner  and  seal  of  the  Paten 
Office,  and  shall  not  be  taken  frtnn  (ho  depositories  for  any  othe 
purpose  than  to  be  used  as  evidence;     *     *     * 

Act  Jannary  12.  ISO.'"!,  c.  2.'?,  s.  73,  2*^  Stat.  619. 
Coast  and  Geodetic  Survey  charts:    distribution. 

Sec.  76.  The  charts  published  by  the  Coast  and  Geodetic  Surve 
shall  be  sold  at  cost  of  paper  and  printing  as  nearly  as  practicable 


p 


PUBLIC   DOCUMENTS.  375 


,    and  there  shall  be  no  free  distribution  of  such  charts  except  to  the 
k  Departments  and  officers  of  the  United  States  requiring  them  for 
public  use;     *     *     * 

Act  Jaminry  12,  1895.  c.  23,  s.  76,  28  Stat.  620. 


RES.  FEBRUARY  18,  1897,  No.  13.  Joint  resohitiou  i)rovi(ling  for  the  di.stribu- 
tioii  of  fhe  maps  ami  atlases  of  the  United  States  Geological  Survey  (*><) 
Stat.  701.) 

Topographic  and  geologic  maps  and  atlases;    distribution. 

Il      That  the  Director  of  the  Geological  Survey  be,  and  is  hereby,  au- 
■  thorized   and    directed,   on   the    approval   of  the   Secretary   of   the 
Interior,  to  dispose  of  the  topographic  and  geologic  maps  and  atlases 
of  the  United  States,  made  and  published  by  the  Geological  Survey, 
|)  at  such  prices  and  under  such  regulations  as  may  from  time  to  time 
be  fixed  by  him  and  ajjproved  by  the  Secretary  of  the  Interior;  and 
that  a  number  of  copies  of  each  map  or  atlas,     *     *     *     shall  be 
I    distributed  gratuitously  amon^     *     *     =(=     Departments  of  our  own 
\)  Government,  to  literary  and  scientific  associations,  and  to  such  educa- 
tional institutions  or  libraries  as  may  be  designated  by  the  Dii-ector 
i ,  of  the  Survey  and  approved  b}'^  the  Secretary  of  the  Interior. 

H  Res.  FelM-nary  18,  1897,  No.  13,  s.  1,  29  Stat.  701. 

ACT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 

Ownership  of  publications  furnished  officers  for  official  use;   free  use  of  public 
J  actions  in  depositories. 

'  Sec.  74.  Government  publications  furnished  to  judicial  and  execu.- 
tive  officers  of  the  United  States  for  their  official  use  shall  not  become 

'  the  property  of  these  officers,  but  on  the  expiration  of  their  official 
term  shall  be  by  them  delivered  to  their  successors  in  office  and  all 
Government  publications  delivered  to  designated  depositories  or  other 

'  libraries  shall  be  for  public  use  without  charge. 

'  Act  .January  12,  1895,  c.  23,  s.  74,  28  Stat.  620. 

I  REV.   ST.   SEC.   1779. 
Restriction  upon  payments  for  newspapers,  etc. 

!  Sec.  1770.  No  executive  officer,  other  than  the  heads  of  Depart- 
ments, shall  apply  more  than  thirty  dollars,  annually,  out  of  the  con- 
1  tingent  fund  under  his  control,  to  pay  for  newspapers,  pamphlets, 
j  periodicals,  or  other  books  or  prints  not  necessary  for  the  business  of 
j  his  office. 

i  REV.   ST.   SEC.   192. 

Limit  on  expenditures  for  newspapers;  preservation  of  files. 

Sec.  192.  The  amount  expended  in  any  one  year  for  newspapers, 
for  any  Department,  *  *  *  shall  not  exceed  one  hundred  dollars. 
And  all  newspapers  purchased  with  the  public  money  for  the  use  of 
eitljer  of  the  Departments  must  be  praserved  as  files  for  such  De- 
partment. 

!<  ACT  JUNE  22,  1906,  c.  3514.     (34  Stat.  389.) 
Repeal,  in  part,  of  Rev.  St.  sec.  192. 

Sec.  7.  So  much  of  section  one  hundred  and  ninety-two  of  the  Re- 
vised Statutes  of  the  United  States  as  requires  newspapers  purchased 


376 


LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 


for  the  use  of  the  Executive  Departments  to  be  preserved  for  the 

permanent,  files  of  such  Departments  be.  and  the  same  is  hereby, 

repealed. 

Act  June  22,  1900,  c.  3514,  s.  7,  34  Stat.  449. 

This  set-tion  is  a  imrt  of  the  legislative,  executive,  and  judicial  apprc 
priation  act  for  the  fiscal  year  1907,  cited  above.  «l 

ACT  FEBRUARY   16,   1889.  c.   171.     An  act   to  authorize  and  provide  for  the  I 
disposilioii  ul"  iisch'ss  pajiers  in  the  Kxociitive  Departments.      (2.5  Stat.  072.) 

Accumulation  of  useless  papers  in  departments;  report  to  Congress;  examinatioii  { 
by  committee;   sale  or  other  disposition.  ^ 

That  whenever  there  shall  be  in  any  one  of  the  Executive  Depart- 
ments of  the  Government  an  arrnmulation  of  files  of  papers,  whicl 
are  not  needed  or  useful  in  the  transaction  of  the  current  business 
of  such  Department  and  have  no  permanent  value  or  historical] 
interest,  it  shall  be  the  duty  of  the  head  of  such  Department  to  sul 
mit  to  Coiiij^ress  a  re])ort  of  that  fact,  accompanied  by  a  concise  I 
statement  of  the  condition  and  character  of  such  papers.  And  upon 
the  submission  of  such  report,  it  shall  be  the  duty  of  the  presiding 
officer  of  the  Senate  to  appoint  two  Senators,  and  of  the  Speaker  or 
the  House  of  Representatives  to  api)oint  two  Representatives,  and  the 
Senators  and  Representatives  .so  appointed  shall  constitute  a  joint [ 
committee,  to  which  shall  be  referred  such  report,  with  the  accom- 
panyino;  statement  of  the  condition  and  character  of  such  papers,] 
and  such  joint  committee  shall  meet  and  examine  such  report  and 
statement  and  the  papers  therein  described,  and  submit  to  the  Senate 
and  House,  respectively,  a  report  of  such  examination  and  their 
recommendation.  And  if  they  report  that  such  files  of  papers,  or 
any  jiart  thereof,  are  not  needed  or  useful  in  the  transaction  of  the 
current  l)usiness  of  such  Department,  and  have  no  permanent  value 
or  historical  interest,  then  it  shall  be  the  duty  of  such  head  of  the 
Department  to  sell  as  waste  paper,  or  otherwise  dispose  of  such  files 
of  papers  upon  the  best  obtainable  terms  after  due  publication  of 
notice  invitin<^  proposals  therefor,  and  receive  and  pay  the  proceeda] 
thereof  into  the  Treasury  of  the  United  States,  and  make  rci)oi 
thereof  to  Congress. 

.  Act  February  10.  18»1.  c.  171,  2.")  S(;it.  072. 

This  act  is  aniende<l  and  its  provisions  extendeil  bv  a  i)rovisiou  of  ac 
March  2,  1.S95.  c.  189,  set  forth  below. 

The  Secretary  of  ApricuUure  is  authorized  to  sell  or  otherwise  disjios 
of  the  accumulation   of   files  and  obsolete  or   worthless  documents  audi 
publications.  l>y  a  provision  of  act   .March  4,  1907.  c.  25K>7.  set  forth  on] 
p.  2:;,  (iiilc. 

ACT  MARCH  2.  1895,  c.  189.     (28  Stat.  910.) 
Accumulation  of  useless  papers  in  department  buildings. 

That  the  Act  entitled  "An  Act  to  authorize  and  provide  for  the! 
disposition  of  useless  papers  in  the  Executive  DeiKirtments,"  ap- 
proved Februaiy  sixteenth,  eighteen  hundred  and  eighty-nine.*  be, 
and  the  same  is  hereby,  amended  .so  as  to  include  in  its  provisions  liny 
acciimulalidii  of  liles  of  papers  of  a  like  character  therein  described 
now  or  hereafter  in  the  various  public  buildings  under  the  control 
of  the  .several  Executive  Departments  of  the  Government. 

.\ct  March  2.  ISir).  e.  ISO,  2^  Stat.  UXl 
This  Is  a  provision  of  the  sundry  civil  appropriation  act  for  the  fiscal 
year  1800,  dtcil  above. 


PUBLIC   DOCUMENTS.  377 

Act  Febniiiry  10.  1889.  c.  171,  mentioned  iind  amended  by  this  pro- 
vision.  is  set  forth  above.  See  note  under  that  act  rehitiuR  to  disiWRnl 
of  accnmulation  of  flies,  etc.,  In  the  Department  of  Agriculture. 

ACT  JUNE  19,  1878,  c.  317.     An  act  to  protect  public  libraries  in  the  District  of 

(\iluiiibi;!,  .ind  for  other  iHirposes.     (20  Stat.  1?].) 

Injuring  or  destroying,  stealing,  etc..  books,  etc.;  punishment. 

That  any  person  who  shall  steal,  wrongfully  deface,  injure,  muti- 
late, tear,  or  destroy  any  book,  pamphlet,  or  manuscript,  or  any  por- 
tion thereof,  belonging  to  the  Library  of  Congress,  or  to  any  public 
library  in  the  District  of  Columbia,  whether  the  property  of  the 
United  States  or  of  any  individual  or  corporation  in  said  District, 
or  who  shall  steal,  wrongfully  deface,  injure,  mutilate,  tear,  or  destroy 
any  book,  pamphlet,  document,  manuscript,  print,  engraving,  m.edal. 
newspaper,  or  work  of  art,  the  property  of  the  United  States,  shall 
be  held  guilty  of  a  misdemeanor,  and.  on  conviction  thereof,  shall, 
when  the  offense  is  not  otherwise  punishable  by  some  statute  of  the 
United  States,  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  thousand  dollars,  and  by  imprisonment  for  not  less 
than  one  nor  more  than  twelve  months,  or  both,  for  every  such  offense. 

Act  .Tune  19,  1878,  c.  317,  20  Stat.  171. 

ACT  MARCH  4.  1909.  c.  321.      (35  Stat.  1088.) 

Stealing,  injuring,  or  destroying,  etc.,  records,  books,  etc.,  of  the  United  States. 

Sec.  128.  Whoever  shall  wilfully  and  unlawfully  conceal,  remove, 
mutilate,  obliterate,  or  destroy,  or  attempt  to  conceal,  remove,  muti- 
late, obliterate,  or  destroy,  or.  with  intent  to  conceal,  remove,  muti- 
late, obliterate,  destroy,  or  steal,  shall  take  and  carry  away  any 
record,  proceeding,  map,  book,  paper,  document,  or  other  thing,  filed 
or  depo.sited  with  any  clerk  or  officer  of  any  court  of  the  United 
States,  or  in  any  public  office,  or  with  any  judicial  or  public  officer 
of  the  United  States,  shall  be  fined  not  more  than  two  thousand  dol- 
lars, or  imprisoned  not  more  than  three  years,  or  both. 

Act  March  4,  1909,  c.  321,  s.  128.  35  Stat.  1111. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  tlie  Ignited  States."  cited  nbove,  incorporating  therein  the  provi- 
sions of  Kev.  St.  sec.  5403.  which  section  is  expressly  repealed  by  section 
341  of  this  act. 

Unlawfully  removing,   injuring,    or   destroying   records,   books,   etc.,   of   United 
States,  by  officer  in  charge  thereof. 

Sec.  129.  Whoever,  having  the  custody  of  any  record,  proceeding, 
map.  book,  document,  paper,  or  other  thing  specified  in  the  preceding 
section,  shall  wilfully  and  unlawfully  conceal,  remove,  mutilate,  ob- 
literate, falsify,  or  destroy  any  such"  record,  proceeding,  map,  book, 
document,  paper,  or  thing,  shall  l^  fined  not  more  than  two  thousand 
dollars,  or  inii)risoned  not  more  than  three  years,  or  both:  and  shall 
moreover  forfeit  his  office  and  be  forever  afterward  disqualified  from 
holding  any  office  under  the  Government  of  the  United  States. 

Act  March  4.  1909.  c.  321.  s.  129.  35  Stnt.  1112. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  .unend  the  penal 
laws  of  the  United  States,"  cited  above,  incorporating  therein  the  pro- 
visions of  Rev.  St.  sec-.  5408,  which  section  is  expressly  repealed  by 
section  341  of  this  act. 


378         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

REV.   ST.   SEC.   882. 

Copies  of  department  books,  records,  papers,  or  documents  as  evidence. 

Sec.  882.  Copies  of  any  books,  records,  papers,  or  documents  in  any 
of  the  Executive  Departments,  authenticated  under  the  seals  of  such 
Departments,  respectively,  shall  be  admitted  in  evidence  equally  with 
the  originals  thereof. 

ACT  MARCH  4,  1909,  c.  320.     (35  Stat.  1075.) 

Copyright  not  to  subsist  in  works  in  public  domain  or  in  Government  publica- 
tions; effect  of  publication  by  Government  of  copyrighted  material. 

Sec.  7.  That  no  copyright  shall  subsist  in  the  original  text  of  any 
work  which  is  in  the  public  domain,  *  *  *  or  in  any  publication 
of  the  United  States  Government,  or  any  reprint,  in  whole  or  in 
part,  thereof:  Provided^  hoioever^  That  the  publication  or  republica- 
tion by  the  Government,  either  separately  or  in  a  public  document, 
of  any  material  in  which  copyright  is  subsisting  shall  not  be  taken 
to  cause  any  abridgment  or  annuunent  of  the  copyright  or  to  author- 
ize any  use  or  appropriation  of  such  copyright  material  without  the 
consent  of  the  copyright  proprietor. 

Act  March  4.  1909,  c.  320.  s.  7,  35  Stat.  1077. 


FRANKS   AND   FRANKING. 

ACT  MARCH  3,   1877,  c.   103.     (19  Stat.   319.) 

Letters,  packages,   etc.,   on   official   business   transmitted   free;    endorsement   on 
official  envelopes. 

Sec.  5.  That  it  shall  be  lawful  to  transmit  through  the  mail,  free 
of  postage,  any  letters,  packages,  or  other  matters  relating  exclusively 
to  the  business  of  the  Government  of  the  United  States:  Provided, 
That  every  such  letter  or  package  to  entitle  it  to  pass  free  shall  bear 
over  the  words  "Official  business"  an  endorsement  showing  also  the 
name  of  the  Department,  and,  if  from  a  bureau  or  office,  the  names  of 
the  Department  and  bureau  or  office,  as  the  case  may  be,  whence  trans- 
mitted.    *     *     * 

Act  March  3.  1S77,  c.  103,  s.  5,  19  Stat.  335. 

The  last  part  of  this  section,  here  omitted,  i)rohibiting  the  U3e  of  official 
envelopes  to  avoid  payment  of  postage  on  private  mail  matter,  and  provid- 
ing punishment  therefor,  Is  Incorporated  in  act  March  4,  1909,  c.  321, 
s.  227,  set  forth  below. 

Providing  official  envelopes;  endorsement  of  penalty  thereon. 

Sec.  G.  That  for  the  purpose  of  carrying  this  act  into  effect,  it  shall 
bo  the  duty  of  each  of  the  Executive  Departments  of  the  United 
States  to  provide  for  itself  and  its  subordinate  offices  the  necessary 
envelopes:  and  in  addition  to  the  endorsement  designating  the  Depart- 
ment in  which  they  are  to  be  used,  the  penalty  for  the  unlawful  use 
of  these  envelopes  shall  be  stated  thereon. 

Act  Marcli  3.  1877,  c.  103,  s.  G.  19  Stat.  330. 

Tills  and  tlie  preceding  section  are  parts  of  "An  act  establishing  post- 
roads  and  for  other  pnriwses,"  cited  above. 

ACT  MARCH  4,  1909.  c.  321.     (35  Stat.  1088.) 
Pr.Tudulent  use  of  official  envelopes;  penalty. 

Sec.  227.  Whoever  shall  make  use  of  any  official  envelope,  label,  or 
indorsement  authorized  by  law,  to  avoid  the  payment  of  postage  or 


FRANKS   AND   FRANKING.  379 

registry  fee  on  his  private  letter,  packet,  package,  or  other  matter  in 
the  mail,  shall  be  fined  not  more  than  three  hundred  dollars. 

Act  March  4.  1009.  c.  321.  s.  227,  35  Stat.  1134. 

This  is  a  section  of  "An  act  to  codify,  revise,  .nul  anuMid  Die  \)enal 
laws  of  the  United  States."  cited  above,  incorporating  therein  i)rovisions 
of  act  March  3.  1S77,  c.  103,  s.  5.  which  provisions  are  expressly  repealed 
by  section  341  of  this  act. 

ACT  JULY  5,  1884,  c.  234.     (23  Stat.  156.) 

Letters,  packages,  etc..  transmitted  free;  endorsements  on  official  envelopes, 
enclosure  of  penalty  envelopes,  with  return  address;  official  mail  matter 
registered  free. 

Sec.  3.  That  section  twenty-nine  of  the  act  of  March  third,  eighteen 
hiuidred  and  .seventy-nine  (United  States  Statutes  at  Large,  page 
three  hundred  and  sixty-two) .  be,  and  it  is  hereby,  amended  so  as  to 
read  as  follows : 

''  The  provisions  of  the  fifth  and  sixth  section  of  the  act  entitled 
'An  act  establishing  po?t-rout6s,  and  for  other  purposes '  approved 
March  third,  eighteen  hundred  and  seventy-seven,  for  the  transmis- 
sion of  official  mail-matter,  be,  and  they  are  hereby,  extended  to  all 
officers  of  the  United  States  Governmentj  not  including  members  of 
Congress,  the  envelopes  of  such  matter  in  all  cases  to  bear  appro- 
priate indorsements  containing  the  proper  designation  of  the  office 
from  which  or  officer  from  whom  the  same  is  transmitted,  with  a 
statement  of  the  penalty  for  their  misuse.  *  *  *  Provided,  That 
any  Department  or  officer  authorized  to  use  the  penalty  envelopes 
may  inclose  them  with  return  address  to  an}''  person  or  persons  from 
or  through  whom  official  information  is  desired,  the  same  to  be  used 
only  to  cover  such  official  information,  and  indorsements  relating 
thereto :  Provided  further,  That  any  letter  or  packet  to  be  registered 
by  either  of  the  Executive  Departments,  or  Bureaus  thereof,  or  by  the 
Agricultural  Department,  *  *  *  may  be  registered  without  the 
payment  of  any  registry  fee;  and  any  part-paid  letter  or  packet 
addressed  to  either  of  said  Departments  or  Bureaus  may  be  delivered 
free;  but  where  there  is  good  reason  to  believe  the  omission  to  prepay 
the  full  postage  thereon  was  intentional,  such  letter  or  package  shall 
be  returned  to  the  sender:  Provided  further,  That  this  act  shall  not 
extend  or  apply  to  *  *  *  officers  who  receive  a  fixed  allowance 
as  compensation  for  their  services,  including  expenses  of  postages. 
And  section  thirty-nine  hundred  and  fifteen  of  the  Revised  Statutes 
of  the  United  States,  so  far  as  the  same  relates  to  stamps  and  stamped 
envelopes  for  official  purposes,  is  hereby  repealed." 

Act  July  5.  1SS4.  o.  2.34,  s.  3,  23  Stat.  158. 

Act  March  3,  1877,  c.  103,  ss.  5,  6,  mentioned  lu  this  section,  are  set 
forth  above. 

ACT  JANUARY  12,  1895,  c.  23.     (28  Stat.  601.) 

Contract  for  official  envelopes  for  departments,  by  Postmaster  General;   business 
address,  etc.,  thereon  forbidden. 

Sec.  96.  The  Postmaster-General  shall  contract  for  all  envelopes, 
stamped  or  otherwise,  designed  for  sale  to  the  public,  or  for  use  by  his 
own  or  other  Departments,  and  may  contract  for  them  to  be  plam  or 
with  such  printed  matter  as  may  be  prescribed  by  the  Department 
making  requisition  therefor:  Provided,  That  no  envelope  furnished 


380         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

by  the  Government  shall  contain  any  business  address  or  advertise- 
ment. 

Ai-t  January  12.  1895.  c.  23.  s.  f»G.  2S  Stat.  024. 

ACT  JUNE  26.  1906,  c.  3546.      (34  Stat.  467.) 

Contracts  for  official  envelopes  for  departments,  by  Postmaster  General.  ^| 

The  Postmaster-General  is  authorized  to  extend  for  a  period  not 
exceedin*;  six  months,  the  contract  for  official,  registry,  and  dead- 
letter  envol()i)es  for  the  postal  service  for  the  calendar  year  ending 
December  thirty-first,  nineteen  hundred  and  six;  and  thereafter  the 
Pastmaster-General  shall  contract,  for  a  period  not  exceeding  four 
years,  for  all  envelopes,  stamped  or  otherwise,  designed  *  *  *  for 
use  by  the  *  *  *  Executive  Departments,  and  all  Government 
bureaus  and  establishments,  and  the  branches  of  the  service  coming 
under  tiicir  jurisdiction,  and  may  contract  for  them  to  be  plain  or 
with  such  printed  matter  as  may  be  prescribed  by  the  Department 
making  requisition  therefor:     *     *     *. 

Act  June  26,  190G,  c.  3540.  34  Stat.  476. 

This  is  .(  j)rovision  of  tlie  postal  Bervice  appropriation  act  for  the  fiscal 
year  11)07,  cited  above. 

ACT  MARCH  3,  1883,  c.  128.     (22  Stat.  531.) 

Penalty    envelopes    for    answers    to    be    inclosed    in    official    communications    to 
Members  of  Congress. 

Sec.  2.  *  *  *  And  it  shall  be  the  duty  of  the  respective  depart- 
ments to  inclose  to  Senators.  Representatives  and  Delegates  in  Con- 
grass,  in  all  official  communications  requiring  answers,  or  to  be  for- 
warded to  others,  penalty  envelopes  addressed  as  far  as  practicable^ 
for  forwarding  or  answering  such  official  correspondence. 

Acr  March  3.  ISSS.  c.  12S.  s.  2.  22  .Stat.  nos. 

Thi.s  is  a  i)rovision  of  the  Ici^islativt',  executive,  and  judicial  appropris 
lion  act  for  the  fiscal  year  1884.  cite<l  above. 

The   [jortion   of   this  section   oniitte<l    here,   authorizing   the   heads 
de[iartn)oiits  to  make  requisitions  on  (he  Postmaster  General  for  officii 
IMtslH!.:!'  sianips.  is  suiierscded  by  act  July  .^t.  1S84.  c.  '2ii4,  s.  3,  set  fort 
above,  aiiiendiuii  act  March  3.  1879.  c.  ISO,  s.  29. 

ACT  MARCH  1,  1899,  c.  327.     (30  Stat.  959.) 
Franking  privilege  extended  to  Hawaiian  Islands. 

The  franlgng  jirivilegc.  as  the  same  is  regulated  by  law.  shal] 
extend  to  the  Hawaiian  Islands. 

Act  March  1.  1899.  c.  327.  s.  4,  3(t  Stat.  966. 

This  is  a  provision  of  the  postal  sMvice  appropriation  act  for  the  fisca 
year  1900,  cited  above. 

ACT  JUNE  26.  1906.  c.  3546.     (34  Stat.  467.) 

Matter  admitted  to  mails  under  penalty  privilege  restricted  to  matter  admis^ 
sible  on  payment  of  postage. 

That  liereafler  no  article,  jiackage.  or  other  matter,  excei")t  postage 
stamps,  sljimped  envelopes,  newspaper  wrappers,  postal  cards,  an(j 
iuteiual-reveiuie  stamps,  shall  be  admitted  to  the  mails  under  a  pen] 
alty  privilege,  unless  such  article,  package,  or  other  matter,  excepi 
postage  stamps,  stam|>ed  envelope's,  newspaper  wrappers,  postal  cardr 


I 


uox 


and  internal-revenue  stiunpn  would  be  entitled  to  adniis>ion  to  the 
mails  under  laws  requiring  payment  of  postage. 

Act  June  20,  190G,  c.  35^(),  34  Stat.  477. 

This  is  a  provision  of  tb^^  postal  service  ai>propriation  iut  f<.r  the  fiscal 
year  1907,  cited  above. 

lending  or  permitting  use  of  frank  by  or  for  any  committee,  organization  or 
association,  unlawful. 

j  That  hereafter  it  shall  be  unlawful  for  any  person  entitled  under 
lithe  law  to  the  use  of  a  frank  to  lend  said  frank  or  permit  its  use  bv 
I  any  committee,  organization,  or  association,  or  permit  its  use  by  any 
iiperson  for  the  benefit  or  use  of  any  committee,  organization,  or  asso- 
ciation :     *     *     * 

Act  June  26,  1900,  c.  3540,  34  Stat.  477. 

This  is  a  further  provision  of  the  postal  service  appropriation  act  for 
the  fiscal  year  1907.  clteil  above. 


] 


|:ACT  JUNE  8,  1896,  c.  370.     An  act  to  regulate  mail  matter  of  the  fourth  class. 
i  (29  Stat.  262.) 

Nonmailable  matter;  limit  on  weight. 

That  mailable  matter  of  the  fourth  class  shall  embrace  all  matter 
not  embraced  in  the  first,  second,  or  third  class  which  is  not  in  its 
form  or  nature  liable  to  destroy,  deface,  or  otherwise  damage  the  con- 
tents of  the  mail  bag  or  harm  the  person  of  anyone  engaged  in  the 
postal  service,  and  is  not  above  the  weight  provided  by  law%  which  is 
hereby  declared  to  be  not  exceeding  four  pounds  for  each  package 
thereof,  except  in  case  of  single  books  weighing  in  excess  of  that 
amount,  and  except  for  books  and  documents  published  or  circulated 
l)y  order  of  Congress,  or  printed  or  written  official  matter  emanating 
from  any  of  the  Departments  of  the  Government     *     *     * 

Act  June  8,  1896,  c.  370,  29  Stat.  202. 
I  This  provision  is  superseded  by  act  August  24,  1912.  c.  .389.  s.  8,  set 

forth  below. 

ACT  AUGUST  24,  1912,  c.  389.      (37  Stat.  539.) 
Limit  on  weight  and  size;  nonmailable  matter. 

Sec.  8.  That  hereafter  fourth-cla.ss  mail  matter  shall  embrace  all 
other  matter,  including  farm  and  factory  products,  not  now  embraced 
by  law  in  either  the  first,  second,  or  third  class,  not  exceeding  eleven 
pound>>  in  weight,  nor  greater  in  size  than  seventy-two  inches  in 
length  and  girth  combined,  nor  in  form  or  kind  likely  to  injure  the 
pei-son  of  any  postal  employee  or  damage  the  mail  equipment  or  other 
mail  matter  and  not  of  a  character  perishable  within  a  period  reason- 
ably required  for  transportation  and  delivery. 

Act  August  24,  1912,  c.  .389,  .s.  8,  37  Stat.  557. 

This  section  is  a  part  of  the  postal  service  appropriation  act  for  the 
fiscal  year  1913.  cited  above. 


TELEGRAPHS. 

ACT  FEBRUARY  4,  1874,  c.  22.  An  act  in  relation  to  tlie  lines  of  tele^'raph 
(•onuectiUK'  the  Capitol  with  the  various  Departments  of  the  (Government. 
(18  Stat.  14.) 

Telegraph  lines  connecting  public  buildings  in  Washington;  supervision:   opera- 
tion. 
That  the  lines  of  telegraph,  connecting  the  Capitol  with  the  various 

Departments  in  Washington,  constructed  under  and  by  virtue  of  the 


382         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

act  of  Congress  approved  March  third,  eighteen  hundred  and  seventy- 
three,  entitled  "An  act  making  appropriations  for  sundry  civil  ex- 
penses of  the  Government  for  the  fiscal  your  ending  June  thirtieth, 
eighteen  hundred  and  seventy-four,  and  for  other  purposes,"  be,  and 
the  same  are  hereby,  placed  under  the  supervision  of  the  officer  in 
charge  of  the  i)ublic  buildings  and  grounds;  and  that  the  said  officer 
be  authorized  and  empowered  to  make  rules  and  reguhitions  for  the 
working  of  said  lines.  And  the  Secretary  or  the  Head  of  each  Execu- 
tive Department,  and  the  Congressional  Printer,  are  hereby  author- 
ized to  detail  one  person  from  their  present  force  of  employ- 
ees to  operate  the  instruments  in  said  Departments  and  printing 
office,     *     *     *. 

Act  February  4.  1874,  c.  22.  IS  Stnt.  14. 

.\ct  March  .''.,  1ST.3,  c.  227.  17  St.it.  519.  mentioned  in  this  act,  makes 
an  approprintion  "for  connecting  the  capitol  by  telegraph,  to  be  used 
solely  for  public  business,  with  all  the  departments  of  the  government 
and  the  government  printing  ofiice  in  the  city  of  Washington." 

ACT  MARCH  7.  1874,  c.  50.     (18  Stat.  20.) 

Use  of  telegraph  lines  connecting  public  buildings  in  Washington  restricted  to 
public  business. 

*  *  *  That  said  lines  of  telegraph  shall  be  for  the  use  only  of 
Senators,  Members  of  Congress,  Judges  of  the  United  States  courts 
and  officers  of  Congress  and  of  the  Executive  Departments,  and 
solely  on  public  business. 

Act  iMarch  7.  1S74,  c.  50.  18  Stat.  20. 

The  telegraph  lines  referred  to  are  those  mentioned  in  act  February  4. 
1874,  c.  22,  and  note  thereunder  set  forth  above. 

REV.   ST.   SEC.   5266. 

Government  to  have  priority  in  transmission  of  messages  over  telegraph  lines 
on  public  domain. 

Sec.  ;i2r)().  Telegrams  l>etwoon  the  several  Depai-tments  of  the  Gov- 
ernment and  their  officers  and  agents,  in  their  transmission  over  the 
lines  of  any  telegraph  company  to  which  has  been  given  the  right  of 
way.  timber,  or  station  lands  from  the  public 'domain  shall  have  pri- 
ority over  all  other  business,  at  such  rates  as  the  Postmaster-General 
shall  annually  fix.  And  no  part  of  any  appropriation  for  the  seA^eral 
Departments  of  the  Government  shall  lx»  paid  to  any  company  which 
neglects  or  refuses  to  transmit  such  telegrams  in  accordance  with  the 
provisions  of  this  section. 

REV.   ST.  SEC.   5269. 

Refusal  to  transmit  Government  telegraphic  communications;    penalty. 

Sf.c.  5200.  "Whenever  any  telegraj^h  company,  after  having  fded  its 
written  acceptance  with  the  Postmaster-General  of  the  restrictions 
and  obligations  required  by  the  act  approved  July  twenty-fourth, 
eighteen  hundred  and  sixty-six,  entitled  "An  act  to  aid  in  the  con- 
struction of  telegraph  lines,  and  to  secure  to  the  GovernTuent  the  use 
of  the  .same  for  postal,  military,  and  other  purposes,"  or  by  this  Title, 
shall,  by  its  agents  or  employes,  refu.=;e  or  neglect  to  transmit  any  such 
telegraphic  communications  as  «re  provided  for  by  the  aforesaid  act, 


TELEGRAPHS.  383 

or  by  this  Title,  or  by  the  provisions  of  section  two  hundred  and 
twenty-one.  Title  "  The  Departivient  of  War,"  authorizing  the  Sec- 
I  retary  of  War  to  provide  for  taking  meteorological  observations  at 
the  military  stations  and  other  points  of  the  interior  of  the  continent, 
and  for  giving  notice  on  the  northern  lakes  and  sea-board  of  the 
approach  and  force  of  storms,  such  telegraph  company  shall  be  liable 
to  a  penalty  of  not  less  than  one  hundred  dollars  and  not  more  than 
one  thousand  dollars  for  each  such  refusal  or  neglect.  To  be  recov- 
ered by  an  action  or  actions  at  law  in  any  district  court  of  the  United 
states. 

Rev.  St.  sec.  5269,  as  amended  by  act  February  27,  1877,  c.  09.  19 
Stat.  252. 

The  provisions  of  act  July  24,  1866,  c.  230,  referred  to  in  this  section 
are  incorporated  in  Rev.  St.  sees.  5263-5268.  Rev.  St.  sees.  5203-5265. 
5267.  5268.  are  set  forth  on  pp.  144.  145,  anic,  under  "  Forest  Service." 

The  filing  by  telegraph  companies  of  their  written  acceptance  of  the 
restrictions  and  obligations  under  the  law,  is  required  by  Rev.  St. 
sec.  5268. 

Rev.  St.  sec.  221.  mentioned  in  this  section,  is  set  forth  on  p.  35.  ante, 
under  "  Weather  Bureau." 

ACT  MARCH  3,  1883,  c.  143.     (22  Stat.  603.) 

Receipts  from  private  telegrams  transmitted  over  Government  lines. 

*  *  *  That  on  and  after  the  first  day  of  July,  eighteen  hundred 
and  eighty-three,  all  moneys  received  for  the  transmission  of  private 
dispatches  over  any  and  all  telegraph  lines  owned  or  operated  by  the 
United  States,  shall  be  paid  into  the  Treasury  of  the  United  States, 
as  required  by  section  thirty-six  hundred  and  seventeen  of  the  Re- 
vised Statutes;  and  all  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Act  March  3,  1883,  c.  143.  22  Stat.  616. 

This  is  a  proviso  annexed  to  an  appropriation  for  maintenance  and 
repair  of  telegraph  lines,  in  the  sundry  civil  appropriation  act  for  the 
fiscal  year  1884,  cited  above. 

Rev.  St.  sec.  3617.  mentioned  in  this  provisiion,  is  set  fortn  on  p.  334, 
ante,  under  "  Public  Moneys  and  Accounting." 

ACT  MARCH  4,  1909,  c.  321.     (35  Stat.  1088.) 

Injury  to  United  States  telegraph,  etc.,  lines;  punishment. 

Sec.  60.  A^Hioever  shall  willfully  or  maliciously  injure  or  destroy 
any  of  the  works,  property,  or  material  of  any  telegraph,  telephone, 
or  cable  line,  or  system,  operated  or  controlled  by  the  United  States, 
whether  constructed  or  in  process  of  construction,  or  shall  willfully 
t  or  maliciouslv  interfere  in  any  way  with  the  working  or  use  of  any 
such  line,  or  system,  or  shall  willfully  or  maliciously  obstruct,  hinder, 
or  delay  the  transmission  of  any  communication  over  any  such  line, 
or  sj^stem,  shall  be  fined  not  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  three  years,  or  both. 

Act  March  4,  1909,  c.  321,  s.  60,  35  Stat.  1099. 

This  is  a  section  of  "An  act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  cited  above.  Incorporating  therein  the  pro- 
visions of  act  June  23.  1874,  c.  401.  which  act  Is  expressly  repealed  by 
section  341  of  this  act. 


384         LAWS    APPLICABLE    TO    DEPARTMEXT    OF    AGRICULTURE. 

LEGAL  SERVICES  AND  CLAIMS. 
REV.   ST.  SEC.   189. 

Employment  of  attorneys  or  counsel. 

Sec.  189.  No  head  of  a  Department  shall  emplo}'  attorneys  or  coun- 
sel at  the  expense  of  the  United  States;  but  when  in  need  of  counsel 
or  advice,  shall  call  upon  the  Department  of  Justice,  the  officers  of 
which  shall  attend  to  the  same. 

REV.   ST.   SEC.  356. 

Opinion  of  Attorney  General  upon  questions  of  law  arising  in  departments. 

Sec.  356.  The  head  of  any  Executive  Department  may  require  the 
opinion  of  the  Attorney-General  on  any  questions  of  law  arising  in 
the  administration  of  his  Department. 

REV.   ST.   SEC.   361. 

Officers  of  Department  of  Justice  to  perform  all  legal  services  required  by  other 
departments. 

Sec.  361.  The  officers  of  the  Department  of  Justice,  under  the  direc- 
tion of  the  Attorney-General,  shall  j^ive  all  opinions  and  render  all 
services  roquirino^  the  skill  of  persons  learned  in  the  law  necessary  to 
enable  the  President  and  heads  of  all  Departments,  and  the  heads  of 
Bureaus  and  other  officers  in  the  Departments,  to  discharge  their  re- 
spective duties;  and  shall,  on  behalf  of  the  United  States,  procure  the 
proper  evidence  for.  and  conduct,  prosecute,  or  defend  all  suits  and 
l)ro(.'eedings  in  the  Supreme  Court  and  in  the  Court  of  Claims,  in 
which  the  United  States,  or  any  officer  thereof,  as  such  officer,  is  a 
party  or  may  be  interested;  and  no  fees  shall  be  allowed  or  paid  to 
any  other  attorney  ov  counselor  at  law  for  any  service  herein  required 
of  the  officers  of  the  Department  of  Justice,  except  in  the  cases  pro- 
vided by  section  three  hundred  and  sixty-three. 

REV.  ST.  SEC.  365. 

Counsel  feeS'  restricted.  ^ 

Sec,  365.  No  compensation  shall  hereafter  be  allowed  to  any  person, 
besides  the  respective  district  attorneys  and  assi.stant  district  attor- 
neys for  services  as  nn  attorney  or  counselor  to  the  United  States,  or 
to  any  branch  or  Department  of  tl\e  Government  thereof,  except  in 
cases  specially  authorized  by  law,  and  then  onh'  on  the  certificate  of 
the  .\ttorney-General  that  such  services  were  actually  rendered,  and 
that  the  same  could  not  be  performed  by  the  Attorney-General,  or 
Solicitor-Cicneral,  or  llie  oflicers  of  the  Department  of  Justice,  or  by 
the  district  attorneys. 

REV.   ST.   SEC.   355. 

Title  to  land  to  be  purchased  by  United  States. 

Sec.  355.  No  public  money  shall  be  expended  upon  any  site  or  land 
purchased  by  the  United  Statics  for  the  purposes  of  erecting  thei'eon 
any  ♦  *  *  piihlic-  building,  of  any  kind  whatever,  until  the  writ- 
ten opinion  of  the  Attorney-tTcneral  shall  be  had  in  favtn-  of  the 
^alillity  of  the  title,  nor  until  the  consent  of  the  legislature  of  the 
State  in  which  the  land  or  site  may  be.  to  such  purchase,  has  i)een 
given.  The  district  attorneys  of  the  Ignited  States,  upon  the  ap])lica- 
tion  of  the  Attornev-General.  shall  furnish  anv  assistance  or  informa- 


I 


LEGAL   SERVICES  AND   CLAIMS.  385 

tion  in  their  power  in  relation  to  the  titles  of  the  public  property 
lying  within  their  respective  ilistricts.     And  the  Si'cretaries  of  the 
Departments,  upon  the  application  of  the  Attorney-(Jeneral,  shall 
J  ;i  procure  any  additional  evidence  of  title  which  he  may  deem  necessary, 
1^  I  and  which  may  not  be  in  the  possession  of  the  officers  of  the  Govern- 
■  ment,  and  the  expense  of  procurinc:  it  shall  be  paid  out  of  the  appro- 
priations made  for  the  continoencies  of  the  Departments  respectively. 

ACT  MARCH  2,  1889.  c.  411.     (25  Stat.  939.) 

Legal  services  to  be  rendered  by  United  States  attorneys;   abstracts  of  title  to 
be  furnished  by  grantors. 

That  hereafter  all  Icffal  services  connected  with  the  procurement  of 
titles  to  site  for  public  buildings  *  *  *  shall  be  rendered  by 
United  States  district  attorneys:  Provided  further.  That  hereafter, 
in  the  procurement  of  sites  for  such  public  buildings,  it  shall  be  the 
duty  of  the  Attorney-General  to  require  of  the  grantors  in  each  case 
to  furnish,  free  of  all  expenses  to  the  Government,  all  requisite  ab- 
stracts, official  certifications,  and  evidences  of  title  that  the  Attomey- 

*  •  Greneral  mav  deem  necessary. 
J  ' 

"  '  Act  March  2.  iaS9.  c.  411,  s.  1.  25  Stat.  941. 

J  [  This  is  a  provision  of  the  sundiy  civil  appropriation  act  for  the  fiscal 

I  I  year  1S90.  clletl  above. 

!  ■  EEV.  ST.  SEC.   184. 

J  ;  Subpoena  for  witnesses  in  claims  pending  in  departments. 

Sec.  184.  Anj'  head  of  a  Department  or  Bureau  in  which  a  claim 
against  the  Ignited  States  is  properly  pending  may  apply  to  any  judge 
i,  ,  or  clerk  of  any  court  of  the  Ignited  States,  in  any  State,  District,  or 
tj  '  Territory,  to  issue  a  subpoena  for  a  witness  being  within  the  jurisdic- 
»     tion  of  such  court,  to  appear  at  a  time  and  place  in  the  subpoena 
stated,  before  any  officer  authorized  to  take  depositions  to  be  used  in 
the  courts  of  the  United  States,  there  to  give  full  and  true  answers  to 
such  written  interrogatories  and  cross-interrogatories  as  may  be  sub- 
mitted with  the  application,  or  to  be  orally  examined  and  cross- 
examined  upon  the  subject  of  such  claim. 

I  EEV.   ST.   SEC.    187. 

'     Professional  services  in  claims  pending  In  departments. 

J !       Sec.  187.  AMienever  any  head  of  a  Department  or  Bureau  having 

J  i  made  application  pursuant  to  section  one  hundred  and  eighty-four, 

■  !  for  a  subpopna  to  procure  the  attendance  of  a  witness  to  be  examined. 

.  is  of  opinion  that  the  interests  of  the  United  States  require  the  at- 

'     tendance  of  counsel  at  the  examination,  or  require  legal  investigation 

of  any  claim  pending  in  his  Department  or  Bureau,  he  shall  give 

notice  thereof  to  the  Attorney-General,  and  of  all  facts  necessary  to 

enable  the  Attorney-General  to  furnish  proper  professional  service 

,  I   in  attending  such  examination,  or  making  such  investigation,  and  it 

' '  shall  be  the  duty  of  the  Attornev-tJeneral  to  iirovide  for  such  service. 

II  •  ' 

f  '.    REV.  ST.   SEC.   364. 

II      Services  of  counsel  in  examination  of  witnesses  in  claims  pending  in  depart- 
ments. 

Sec.  3(54.  Whenever  the  head  of  a  Department  or  Bureau  gives  the 
Attorney-General  due  notice  that  the  interests  of  the  United  States 

71657—13 25 


386         LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

require  the  service  of  counsel  upon  the  examination  of  witnesses  touch- 
ing any  chiiin,  or  upon  tlio  legal  investigation  of  any  claim,  pending 
in  such  Department  or  Bureau,  the  Attorney-General  shall  provide 
for  such  service. 

REV.   ST.   SEC.    188. 

Evidence  to  be  furnished  by  departments  in  suits  pending  in  Court  of  Claims. 

Siqc.  188.  In  all  suits  brought  against  the  United  States  in  the 
Court  of  Claims  founded  upon  any  contract,  agreement,  or  transaction 
with  any  Department,  or  any  Bureau,  officer,  or  agent  of  a  Depart- 
ment, or  where  the  matter  or  thing  on  which  the  claim  is  based  has 
been  pa.s.sed  upon  and  decided  by  any  Department,  Bureau,  or  officer 
authorized  to  adjust  it,  the  Attorney-General  shall  transmit  to  such 
Department,  Bureau,  or  officer,  a  printed  copy  of  the  petition  filed  by 
the  claimant,  with  a  request  that  the  Department.  Bureau,  or  officer, 
shall  furnish  to  the  Attorney-General  all  facts,  circumstances,  and 
evidence  touching  the  claim  in  the  possession  or  knowledge  of  the 
Department,  Bureau,  or  officer.  Such  Department,  Bureau,  or  officer 
shall,  without  delay,  and  within  a  reasonable  time,  furnish  the  Attor- 
ney-General with  a  full  statement,  in  writing,  of  all  such  facts,  in- 
formation, and  proofs.  The  statement  shall  contain  a  reference  to  or 
description  of  all  such  official  documents  or  papers,  if  any,  as  may 
furnish  proof  of  facts  referred  to  in  it,  or  may  be  necessary  and 
proper  for  the  defen.se  of  the  United  States  against  the  claim,  men- 
tioning the  Department,  office,  or  place  where  the  same  is  kept  or  may 
be  procured.  If  the  claim  has  been  passed  upon  and  decided  by  the 
Department,  l^iireau.  or  officer,  the  statement  shall  succinctly  state  the 
reasons  and  })rinciples  upon  which  such  decision  was  based.  In  all 
cases  where  such  decision  was  founded  upon  any  act  of  Congress,  oi' 
upon  any  section  or  clause  of  such  act,  the  same  shall  be  cited  spe- 
cifically; and  if  any  previous  interpretation  or  construction  has  been 
given  to  such  act,  section,  or  clause  by  the  Department,  Bureau,  or 
officer,  the  same  shall  be  set  forth  succinctly  in  the  statement,  and  a 
copy  of  the  opini(m  filed,  if  any,  shall  be  annexed  to  it.  Where  any 
decision  in  the  ca.se  has  been  based  U|)on  any  regulation  of  a  Depart- 
ment, or  where  such  regulation  has,  in  the  opinion  of  the  Department, 
Bureau,  or  officer  transmitting  such  statement,  any  bearing  upon  the 
claim  in  suit,  the  s«me  shall  l>e  distinctly  quoted  at  length  in  the 
.statement.  But  where  more  than  one  case,  or  a  class  of  cases,  is  pend- 
ing, the  defense  to  which  rests  upon  the  same  facts,  circumstances, 
and  proofs,  the  Department,  Bureau,  or  officer  shall  only  be  required 
to  certify  and  transmit  one  statement  of  the  same,  and  such  .statement 
shall  be  held  to  apply  to  all  such  cases,  as  if  made  out,  certified,  and 
transmitted  in  each  case  respectively. 

ACT  MARCH  3.  1911.  c.  231.     (36  Stat.   1087.) 

Jurisdiction  of  Court  of  Claims;    claims  founded  upon  any  law  or  any  depart- 
ment regulation;   set-offs. 

Sec.  145.  The  Court  of  Claims  shall  have  jurisdiction  to  hear  and 
determine  the  followinir  nuitters: 

First.  All  claims  *  *  *  founded  upon  the  Constitution  of  the 
United  States  or  any  law  of  Congress,  upon  any  regulation  of  an 
Kxeeutive  Department,  upon  any  contract,  express  or  implied,  with 


t 


I 


I  LEGAL   SERVICES  AND   CLAIMS.  387 

! 

;  the  Government  of  the  United  States,  or  for  damages,  liquidated  or 

ii  unliquidated,  in  oases  not  sounding  in  tort,  in  respect  to  which  claims 

the  party  would  l^e  entitled  to  re<Jress  against  the  United  States  either 

I  in  a  court  of  law.  equitv,  or  admiralty  if  the  United  States  were 
suable:  *  *  * 
i  Second.  All  set-otts,  counterclaims,  claims  for  damages,  whether 
liquidated  or  unliquidated,  or  other  demands  whatsoever  on  the  part 
of  the  Government  of  the  United  States  against  any  claimant  against 
the  Government  in  said  court:  Prorlded^  That  no  suit  against  the 
(Government  of  the  United  States,  brought  by  any  officer  of  the 
United  Statas  to  recover  fees  for  services  alleged  to  have  been  per- 
formed for  the  United  States,  shall  be  allowed  under  this  chapter 
until  an  account  for  said  fees  shall  have  been  rendered  and  finally 
acted  upon  as  required  by  law,  unless  the  proper  accounting  officer  of 
the  Treasury  fails  to  act  finally  thereon  within  six  months  after  the 
account  is  received  in  said  office. 

Act  March  3.  1911,  c.  231,  s.  145,  36  Stat.  1136. 
J  '<  This  section  incorporates  therein  the  provisions  of  Rev.  St.  sec.  1059 

nnd  section  1.  act  March  3.  1887,  c.  359,  24  Stat.  505.     Said  Rev.  St.  sec. 
1059  and  section  1  are  expressly  repealed  by  section  297  of  this  act. 

Judgments  for  set-offs  or  counterclaims. 

I  Sec.  146.  Upon  the  trial  of  any  cause  in  which  any  set-off.  counter- 
I  claim,  claim  for  damages,  or  other  demand  is  set  up  on  the  part  of 
J  the  Government  against  any  person  making  claim  against  the  Govern- 
ment in  said  court,  the  court  shall  hear  and  determine  such  claim  or 
'demand  both  for  and  against  the  Government  and  claimant;  and  if 
iupon  the  whole  case  it  finds  that  the  claimant  is  indebted  to  the  Gov- 
lemment  it  shall  render  judgment  to  that  effect,  and  such  judgment 
f  shall  be  final,  with  the  right  of  appeal,  as  in  other  cases  provided  by 
slaw.     *     *     * 

j  Act  March  3,  1911,  c.  231,  s.  146.  36  Stat.  1137. 

I  This  section  incoi-porates  therein  the  provisions  of  Rev.  St.  sec.  1061, 

which  section  is  expressly  repealed  by  section  297  of  this  act. 

|Glaims  referred  by  departments. 

I  ^  Sec.  148.  "WTien  any  claim  or  matter  is  pending  in  any  of  the  execu- 
itive  departments  which  involves  controverted  questions  of  fact  or 
flaw,  the  head  of  such  department  may  transmit  the  same,  with  the 
fvouchers.  papers,  documents  and  proofs  pertaining  thereto,  to  the 
Court  of  Claims  and  the  same  shall  be  there  proceeded  in  under  such 
rules  as  the  court  may  adopt.  When  the  facts  and  conclusions  of 
law  shall  have  been  found,  the  court  shall  report  its  findings  to  the 
department  by  which  it  was  transmitted  for  its  guidance  and  action : 
Provided.,  however.,  That  if  it  shall  have  been  transmitted  with  the 
consent  of  the  claimant,  or  if  it  .shall  appear  to  the  satisfaction  of  the 
court  upon  the  facts  established,  that  under  existing  laws  or  the  pro- 
visions of  this  chapter  it  has  jurisdiction  to  render  judgment  or  de- 
ree  thereon,  it  shall  proceed  to  do  so,  in  the  latter  case  giving  to 
'ither  party  such  further  opportunity  for  hearing  as  in  its  judgment 
justice  shall  require,  and  .shall  report  its  findings  therein  to  the  de- 
partment by  which  the  same  was  referred  to  said  court.     *     *     * 

Act  March  3,  1911,  c.  231,  s.  148.  36  Stat.  1137. 

This  section  incorjiorates  therein  the  provisions  of  Rev.  St.  sec.  1063 
and  section  12,  net  March  3,  1887,  c.  3.59.  24  Stat.  507.  Said  Rev.  St. 
sec.  1003  and  s«'ction  12  are  expressly  repealed  by  section  297  of  this  net. 


388         LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

Procedure  in  cases  transmitted  by  departments. 

Sec.  149.  All  cases  transmitted  by  the  head  of  any  department. 

*  *  *  according  to  the  provisions  of  the  preceding  section,  shall 
be  proceeded  in  as  other  casea  pending  in  the  Court  of  Claims,  and 
shall,  in  all  respects,  l)e  subject  to  the  same  rules  and  regulations. 

Act  March  3,  1911,  c.  231,  s.  149.  36  Stat.  1138. 

Tills  section  incorporates  therein  the  provisions  of  Rev.  St.  sec.  1064. 
which  section  is  expressly  repealed  by  section  297  of  this  act. 

Judgments  In  cases  transmitted  by  departments;  payment. 

Sec.  150.  The  amount  of  any  final  judgment  or  decree  rendered  in 
favor  of  the  chiimant,  in  any  case  transmitted  to  the  Court  of  Claims 
under  tlie  two  preceding  .sections,  .-hall  be  paid  out  of  any  specific 
appropriation  applicable  to  the  case,  if  any  there  be;  and  where  nc 
such  appropriation  exists,  the  judgment  or  decree  shall  be  paid  in 
the  same  manner  as  other  judgments  of  the  said  court. 

Act  March  3,  1911,  c.  231,  s.  150.  36  Stat.  11.38. 

This  section  incorporates  therein  the  provisions  of  Rev.  St.  sec.  106.j. 
which  section  is  expx'essly  repealed  by  section  297  of  this  act. 

Power  to  call  upon  departments  for  information. 

Sec.  IQi.  The  said  court  shall  have  power  to  call  upon  any  of  thi 
departments  for  any  information  or  papers  it  may  deem  necessary 

*  *  *.  But  the  head  of  any  department  may  refuse  and  omit  h 
comply  with  any  call  for  information  or  papers  when,  in  his  opinion, 
such  compliance  would  he  injurious  to  the  public  interest. 

Act  March  3,  1911,  c.  231,  s.  164.  36  Stat.  1140. 

This  section  incorjmrates  therein  the  provisions  of  Rev.  St.  sec.  lOT*. 
which  section  is  expressly  repealed  by  section  297  of  this  act. 

Claims  forfeited  for  fraud. 

Sec.  172.  An}'  person  who  corrui)tly  practices  or  attempts  to  prac- 
tice any  fraud  against  the  United  States  in  the  proof,  statement, 
establishment,  or  allowance  of  any  claim  or  of  any  part  of  any  claim 
against  the  United  States  shall,  ipso  facto,  forfeit  the  same  to  the 
Government ;  and  it  shall  be  the  duty  of  the  Court  of  Claims,  in  such 
cases,  to  tind  specifically  that  such  fraud  was  practiced  or  attempted 
to  be  practiced,  and  thereupon  to  give  judgment  that  such  claim  i; 
forfeited  to  the  Government,  and  that  the  claimant  be  forever  barred 
from  prosecuting  the  same. 

Act  March  3,  1911,  c.  231,  s.  172.  36  Stat.  1141. 

This  section  incorporates  therein  the  provisions  of  Rev.  St.  sec.  10"^'' 
which  section  is  expressly  re|x»alod  by  section  297  of  this  act. 

Disallowance   of  fraudulent   claims   for   more   than   is   justly   due,   or   on   false 
evidence. 

Sec.    173.  Xo  claim   shall   be   allowed  by  the  accounting  officer^ 

*  *  *  or  by  the  Court  of  Claims,  or  by  Congress,  to  any  jiersoii 
where  such  chumanl.  or  those  under  whom  he  claims,  shall  willfully 
knowingly,  and  with  intent  to  defraud  the  United  States,  hav 
claimed  more  than  is  justly  due  in  respect  of  such  claim,  or  pre- 
.senled  any  false  evidence  to  Congres.s,  or  to  any  department  or  court, 
in  sup{)«>rt  thereof. 

Act  March  3,  1911,  c.  231.  s.  173,  36  Stat.  1141. 

This  section  incorjiorates  therein  the  provisions  of  section  2,  act  Apr! 
30.  1S7S,  c.  77,  20  Stat.  524. 


LEGAL   SERVICES  AND   CLAIMS.  389 

[Debtors  to  United  States;   adjustment  of  indebtedness. 

j  Sec.  180.  Wlioiiever  any  jx^voii  shall  present  his  pi'lition  to  the 
Court  of  Claims  allefrintr  that  he  is  or  has  been  indebted  to  the  United 
[States  as  an  oflicer  or  agent  thereof,  or  by  virtue  of  any  contract 
IthereAvith,  or  that  he  is  the  Guarantor,  or  surety^  or  |)ers()na]  i-epre- 
sentative  of  any  oflicer  or  agent  or  contractor  so"  indebted,  or  that  he 
^or  the  person  for  whom  he  is  such  surety,  guarantor,  or  personal  rep- 
resentative has  held  any  office  or  agency  under  the  United  States,  or 
ientered  into  any  contract  therewith,  under  which  it  may  be  or  has 
ibeen  claimed  that  an  indebtedness  to  the  United  States  had  arisen 
and  exists,  and  that  he  or  the  person  he  represents  has  applied  to 
ithe  proper  department  of  the  (Tovernment  requesting  that  the  account 
jof  such  office,  agency,  or  indebtedness  may  be  adjusted  and  settled, 
jand  that  three  years  have  elapsed  from  the  date  of  such  application, 
liand  said  account  still  remains  unsettled  and  unadjusted,  and  that 
:;no  suit  upon  the  same  has  been  brought  by  the  United  States,  said 
jcourt  shall,  due  notice  first  being  given  to  the  head  of  said  department 
land  to  the  Attorney  General  of  the  United  States,  proceed  to  hear 
fthe  parties  and  to  ascertain  the  amount,  if  any,  due  the  United  States 
on  said  account.  The  Attorney  General  shall  represent  the  United 
States  at  the  hearing  of  said  cause.     '^     *     * 

Act  March  3.  1911.  c.  231.  s.  180.  36  Stat.  1141. 

This  section  iiicorpurate.s  therein  the  provisions  of  sectioji  3,  act  March 
3,  18S7,  c.  359,  24  Stat.  505.  which  section  is  expressly  repealed  bv  section 
297  of  this  act. 

Attorney  General  to  appear  for  defense. 

^  Sec.  185.  The  Attorney-General,  or  his  assistants  under  his  direc- 
tion, shall  appear  for  the  defense  and  protection  of  the  interests  of 
the  United  States  in  all  ca.ses  which  may  be  transmitted  to  the  Court 
i)f  Claims  under  the  provisions  of  this  chapter,  with  the  same  power 
to  interpose  counter  claims,  offsets,  defenses  for  fraud  practiced  or 
;ittempted  to  be  practiced  by  claimants,  and  other  defenses,  in  like 
manner  as  he  is  required  to  defend  the  United  States  in  said  court. 

Act  March  3.  1911.  c.  231.  s.  185,  36  Stat.  1142. 

This  section  incorporates  therein  the  provisions  of  section  5.  act  March 
3,  1883,  e.  116,  22  Stat.  486.  which  section  is  expressly  repealed  by  section 
297  of  this  act. 

4CT  FEBRUARY  8,  1899.  c.  121.     An  act  to  prevent  the  abatement  of  certain 
actions.      (30  Stat.  822.) 

suits  against  officers  of  United  Stafe  not  abated  by  death,  expiration  of  term, 
etc. 

That  no  suit,  action,  or  other  proceeding  lawfully  conunenced  by  or 

igainst  the  head  of  any  Department  or  Bureau  or  other  oflicer  of  the 

United  States  in  his  official  capacity,  or  in  relatior  to  the  discharge 

»f  his  official  duties,  shall  abate  by  reason  of  his  death,  or  the  expira- 

ion  of  his  term  of  office,  or  his  retirement,  or  resignation,  or  removal 

from  office,  but,  in  such  event,  the  Court,  on  motion  or  supplemental 

)etition  filed,  at  any  time  within  twelve  months  thereafter,  showing  a 

necessity  for  the  siirvival  thereof  to  obtain  a  .settlement  of  the  ques- 

ions  involved,  may  allow  the  same  to  be  maintained  by  or  against 

lis  successor  in  office,  and  the  Court  mav  make  such  order  as  shall  b« 

'quitable  for  the  payment  of  costs. 

Act  Febrnary  8,  1889,  c.  121.  30  Stat.  822. 


^ 


CITATIONS  TO  AGRICULTURAL 
APPROPRIATION  ACTS. 


391 


CITATIONS  TO  AGRICULTURAL  APPROPRIATION 

ACTS. 


Act  June  16,  1880.  c.  252,  21  Stat.  292. 
Act  March  3,  1881.  c.  129,  21  Stat.  381. 
Act  Mav  10,  1882.  c.  171,  22  Stat.  89. 
Act  January  20,  1883,  c.  36.  22  Stat.  408. 
Act  June  5,^1884,  c.  71,  23  Stat.  36. 
Act  March  3,  1885,  c.  338,  23  Stat.  353. 
Act  June  30,  1886,  c.  575,  24  Stat.  100. 
Act  March  3,  1887,  c.  351,  24  Stat.  495. 
Act  July  18,  1888,  c.  677,  25  Stat.  328. 
Act  March  2,  1889,  c.  373,  25  Stat.  835. 
Act  July  14.  1890,  c.  707,  26  Stat.  282. 
Act  March  3,  1891,  c.  544,  26  Stat.  1044. 
Act  July  5,  1892,  c.  147,  27  Stat.  74. 
Act  March  3,  1893,  c.  214,  27  Stat.  734. 
Act  August  8,  1894.  c.  238,  28  Stat.  264. 
Act  March  2.  1895,  c.  169,  28  Stat.  727. 
Act  April  25,  1896,  c.  140,  29  Stat.  99. 
Act  April  23,  1897,  c.  1,  30  Stat.  1. 
Act  March  22,  1898,  c.  85,  30  Stat.  330. 
Act  March  1,  1899,  c.  325,  30  Stat.  947. 
Act  May  25,  1900,  c.  555,  31  Stat.  191. 
Act  March  2.  1901,  c.  805,  31  Stat.  922. 
Act  June  3,  1902.  c.  985,  32  Stat.  286. 
Act  March  3,  1903,  c.  1008.  32  Stat.  1147. 
Act  April  23,  1904,  c.  1486,  33  Stat.  276. 
Act  March  3,  1905.  c.  1405,  33  Stat.  861. 
Act  June  30,  1906,  c.  3913.  34  Stat.  669. 
Act  March  4,  1907,  c.  2907,  34  Stat.  1256. 
Act  May  23,  1908,  c.  192,  35  Stat.  251. 
Act  March  4,  1909,  c.  301,  35  Stat.  1039. 
Act  May  26,  1910,  c.  256,  36  Stat.  416. 
Act  March  4,  1911,  c.  238,  36  Stat.  1235. 
Act  August  10,  1912.  c.  284,  37  Stat.  269. 


893 


INDEX. 


395 


i 


INDEX. 


...  PiLg% 

I  Abattoirs,  inspection  of  carcasses  to  be  used  in  interstate  or  foreign  commerce 

(34  Stat.  L.,  125G) (31 

sanitary  inspection,  regulations,  etc.  (34  Stat.  L.,  1256) 63 

Absence,  leave.    See  Leave. 

Abstracts,  title,  free  to  Government  (25  Stat.  L.,  939) 385 

Accidents,  eniplovees,  reports  to  Secretary  of  Commerce  and  Labor  (35  St4it.  L., 

557) ". 170 

Accounting,  general  provisions  of  law 333-355 

Accounts,  administrative  examination,  regulations  (28  Stat.  L.,  210;  37  Stat. 

L.,375) 338-339 

Department,  settlement  (28  Stat.  L.,  162) 17 

Division,  appropriatioDs  for  1913  (37  Stat.  L.,  293) 228-229 

chief,  appointment  (35  Stat.  L. ,  1039) 227 

detail  of  officers  to  other  divisions  or  bureaus  (36  Stat.  L., 

1258;  37  Stat.  L.,  294) 228 

laws  affecting 227-229 

officers,  detail  to  Forest  Service  (36  Stat.  L.,  1258) 228 

other  divisions  or  bureaus  (37  Stat.  L.,  294) 228 

false  entries,  penalty  (36  Stat.  L.,  1355) 355 

public  money  received,  rendering,  time  and  manner  (R.  S.,  3622;  28 

Stat.  L.,  209) 336,337-338 

to  be  settled  in  Treasur\'  Department  (R.  S.,  236) 333 

reports  to  accounting  officers  of  Treasury  (21  Stat.  L.,  381) 16 

Acknowledgments.     See  Oaths. 

Act  of  Congress,  appropriation,  requirement  of  specific  terms  (32  Stat.  L.,  560). .      316 
restriction  in  authorizing  execution  of  contract  (34  Stat.  L., 

764) 325 

Addressing  machines,  etc.,  transfer  to  Public  Printer  (37  Stat.  L.,  414) 370-371 

exchange  authorized  (37  Stat.  Li. ,  269) 23 

Administration  sites,  exempt  from  raining  laws  (35  Stat.  L.,  465) 142 

Adulterated  articles,  importation,  suspension  (26  Stat.  L.,  415) 184-185 

interstate  shipments,  penalty  (34  Stat.  L.,  768) 187-188 

seizure,  procedure  (26  Stat.  L. ,  415) 184-185 

food,  etc.,  importation  prohibited,  and  penalty  (26  Stat.  L.,  415)..       184 

Adulteration,  drugs,  confectionery,  food,  defined  (34  Stat.L.,  769) .' 189-190 

fungicides,  prohibitum  and  penalties  (36  Stat.  L.,  331).  257-258,  261-262 

insecticides,  prohibition  and  penalties  (36  Stat.  L.,  331) 257-258, 

261-262 

seed,  definition  (37  Stat.  L.,  506) 78 

seeds,  grass,  etc.,  tests  (33  Stat.  L.,  276;  37  Stat.  L.,  269) 77,  83 

Advances  for  subscriptions  to  publicatiims  for  department  (35  Stat.  L.,  1054). .       236 

public  money,  prohibition  and  exception  (R.  S.,  3648) 345 

Advertisements,  contracts,  publication,  rates  of  payment,  etc 330-332 

proposal  and    supply,   etc.,    requirements  (R.   S.,   3709;  28 

Stat.  L.,  62;  36  Stat.  L.,  531) 321-323 

Agents,  live-stock  examiners,  appointment,  duties,  per  diem,  etc.  (23  Stat.  L., 

31) 41 

United  States,  extortion  by  (35  Stat.  L.,  1104) 300 

Agricultural  appropriation  acts,  citations,  list 393 

colleges.     See  Colleges,  agricultural. 

experiment  stati(ms.     See  Experiment  stations. 

information  from  consuls  in  foreign  countries,  use  in  department 

publications  (R.  S.,  1712,  1713) 29 

lands.     Sec  Lands. 

literature,  card  index  (0.  E.  S.),  sale  of  copies,  disposition  of  pro- 
ceeds (35  Stat.  L..  266) 253 

397 


398        LAWS  APPLICABLE  TO  THE  DEPABTMEXT  OF  AGRICULTXTBE. 

Agriculture,  CommiaHioner,  authorirv  to  appoint  agents  to  examine  live  stock 

(23  Stat.  L.,  31) 41 

<;iiiei  of  Bureau  of  Animal  In- 

dustn,-  (23  Sut.  L.,  31* 41 

notice    lo    tran^p" nation    companies   prohibiting 

shipment  of  disea^'J  live  stock  i23  Stii.  L.,  32;..  43-4- 
repcn  of  Animal  '.  y  Biu^au  r2Z  Stat.  L..  33).        4^ 

Department,  accounts,  seitlemei- :    _ :  ::  :ai.  L..  162) i " 

appropriation  act.  1913  i37  Stat.  L..  269) 30-c- 

Secretarv    may    make    advances    of 

money  (32  Stat.  L..  286) 20 

contingent  expenses.  apprc>priations,  1913  (37  Stat. 

L.,  269i - 3i 

control  of  entomological  work  (21  Stat.  L.,  276; 198 

creation  as  executive  department  (25  Stat.  L.,  659)..  5r 

duty  to  make  annual  estimates  of  appropriations  nec- 
essarv-  to  enforce  game  laws  in  Alaska  (35  Stat.  L., 

103.1.'- 207 

enlargement  to  include  care  of  birds,  etc.  (31  Stat. 

L.  1S7; 2<C 

establishment  and  dudes  (R.  S.,  520) 9 

estimat.  i.^ements  (32  Stat.  L..  286) 17 

expenu.  port  requirement,  repeal  ( 36  Stat.  L., 

1235 » 17-1  • 

forest  reserve*,  transfer  to  (33  Stat.  L.,  628) S' 

laborers  placed  in  classified  service  (33  Stat.  L.,  861).  1  - 
laws  relating  to.  continued  in  force  ( 25  Stat.  L..  659) .  1' 
lecal  work  under  supervision  of  Solicitor  (36  Stat.  L., 

416 1 12 

new  building  construction,  plans,  and  contracts  (32 

Stat .  L.,  806) - - 27-28 

officers'  commissions,  preparatiooi  and  signature  (29 

Stat.  L.,  75) 18-lf 

oreanic  law  i  R.  S..  -520 1 f 

pr  ipertv-.  in  charge  of  Secretary  (R.  S..  525) 13 

purchases,  exception  if  les?  than  $oO  (iO  Sut.  L..  947)         2t 
quota,  copies  of  Official  Resister  (28  Stat.  L.,  619) . . 
Statutes  at  Large  (28  Stat.  L..  615). 
seal,  ail'    -  -         -ir>- to  procure  (28  Siat.  L.,  264 

service  ^  than  $50  (30  Stat.  L.  947). . 

use  of  Potomac  Park  as  testing  grounds,  iMhorization 

(30  Sut.  L..  1377. 2S 

information  on,  Secretarv  authorized   to  procure  and  j>Teaer\e 

(R-S,  526) : M 

Secretar}-,  account  and  report  to  accounting  officers  of  Treasurj-, 

time  and  manner  21  Sut.  L.,  381) !.         1* 

affixing  identificalii.^n  marks  to  inspected  meate  for  ex- 

pon  (26  Sut.  L..  414) S| 

.\nnual  Report,  extra  copies,  etc.  (28  Stat.  L.,  601) 23-21 

appointment  of  Animal  Indiistn.-  export  on  ad\TSDrj' 
board  of  Hvgienic  Laooratorv-  (32  Stat. 

L..712).' .' 71 

inspectors  for  cattle  to  be  slaughtered 
for  export  (26  Stat.   L., 

1090) SS 

of  export  cattle  (26  Stat.  L., 

1089) S 

i^pr«.\^l  s  for  Yearbook  (28  Stat.  L.  601).        11 

authority;  .  „._   mspection  of  meat  exports  (26 

Sut.  L.,414) 53-51 

construction  of  new  building  (32  Stat.  L., 

806)... 27-»' 

suppression  of  contagious  diseases  in  live 

stock  (32  Sut.  L.  791) 45-« 

in  enforcement  of  plant  quarantine  act  (37 
Sut.  L.,  315) 264-2« 


INDEX.  399 

jriculiure.  Secretary,  authority  in  exchange  of  land,  Michigan  (37  Swt.  L., 

•2il) 132-133 

over  Arlingtim  Exi>erimcntal  Farm  (31  Stat. 

L..  l;>o:  o2  Siai.  L.,  2S6j 26.  27 

elk  reserve  in  Wyoming  ( 37  Stat.  L.,  293)      226 
game  laws,  bird  protection,  etc.  (31  Stat. 

L..  1S7;  35  Stat.  L.,  IIW) 202 

Montana  National  hisvn  Range  (35  Stat. 

L..  267,  1039) 225 

Wind  Cave  Game  Reserve  (37  Stat.  L.. 

293^ 226 

to  admit  pi;re-bred  live  stock  free  of  duty  (36 

Stat.  L.,  72^ 53 

tick-infested  cattle  fn,>m  Mexico  (36 

Stat.  L..  1235) 51 

allow  pav  assignments  bv  employees  (35 

Stat.  L..  1039) ' 22 

;  appoint  utficersand  employees  (R.  S.,  523).  12-13 

assisn   duties  of   Assistant   Secretary   (25 

I  Stat.  L.,  659;  34  Stat.  L.,  1256) 10.11 

i  decide  as  to  food  puritv  of  imitation  but- 

ter and  filled  cheese'  (24  Stat.  L..  209; 

29  Stat.  L.   253) 14 

detail  employees  (H  Stat .  L.,  1256) 19 

j  •  law  clerks  (36  Stat.  L.,  1235) 12 

I  disburse  lump  funds  (34  Stat.  L.,  1256).  - .         19 

j  display  weather  signals  on  mail  cars  (29 

Stat. L.. 99" 36 

embody  consular  reports  in  monthly  crop 
reports  and  annual  reports  (R.  S..  1712, 

1713) 29 

enforce  forest  reserve  laws  (32  Stat.  L.,  303)        12 
insecticide  act  (36  Stat.  L..  331). .     258, 
I  262,263 

establish  and  maintain  quarantine  districts 

(33  Stat.  L..  1264 \. 46^7 

laboratories  for  evading  seed  and 
grain  samples  (35  Stat.  L..  251).        79 
i  execute  laws  relating  to  forest  reserves  (33 

1  Stat.  L..  628^ .- - -. 86 

expend  tU  department  appropriations  <^R. 

S. 36771 15 

appropriation     against     chestnut- 
I  bark  disease  (37  Stat.  L..  274).-        85 

extend  annual  le;ive  (30  Stat.  L..  316). . .  292-293 
I  furnish  trees  from  Nebraska  National  For- 

•  est  (37  Stat.  L..  269) 172 

■  grant  annual  leave  to  employees  outside  of 

Washington  (35  Stat.  L.,251K....        22 
per  diem  allowance,  etc.,  to  traveling 

employees  (37  Stat.  L..  269) 21 

'  make  advances  of  public  money  in  field 

work  (32  Stat.  L..  286) 20 

cattle-inspection  regulations  (33  Stat . 

i  L..  126-5) 47 

changes  in  personnel  of  Weather  Bu- 
reau ^2S  Stat.  L.  727) 35 

I  inspection  reeulations  for  renovated 

butter  ^32  Stat.  L.,  193) 59-60 

I  promotions  in  Weather  Bureau  (28 

Stat.  L..  273) 35 

i  regulation.o  for  humane  treatment  of 

live  stock  in  transit  (26  Stat.  L. 
'  833) "0 


400       LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Paee 

Agriculture,  Secretary,  authority  to  make  regulations  for  inspection  of  export 

dairy   product    (35 

Stat.  L.,  251) 5 

inspection  of  live 
Slock,  meat,  etc.  (34 

Stat.  L.,  1256) 6 

inspection  of  meat 
and  meat  food 
products  for  inter- 
state and  foreign 
commerce  (34  Stat. 

L.,  1256) 61-«, 

renovated  butter  fac- 
tories (37  Stat.  L., 

269) & 

transportation   of  in- 

"*  sects  for  scientific 

purposes  (33   Stat. 

L.,  1270) 19 

governing  travel  ex- 
penses   (36    Stat.    L., 

1235) 2 

name  officer  to  supervise  construction  of 

new  building  (32  Stat.  L.,  806) 2 

prepare  estimates  for  Weather  Bureau  (26 

Stat.  L.,  654) 3 

standard  cotton  grades  (35  Stat.  L., 

251) 7 

print  and  distribute  beet-sugar  report  (34 

Stat.  L.,  839) 2 

monthly  crop  report  (28  Stat.  L.,  601)        2 
Weather  Bureau  maps,  charts,  and 
other   publications   (28    Stat.    L., 

601) 2 

procure  department  seal  (28  Stat.  L.,  264). .        1 
{Hirchase  and  distribute  seeds  and  plants 

(37  Stat.  L.,  269) 75,7 

lands  on  headwaters  of  navigable 

streams  (36  Stat.  L.,  962) ....  99-10 
mileacje  books  (34  Stat.  L.,  1256) .        2 
supplies,    furniture,    etc.,    from 
contingent  fund  (37  Stat.  L., 

269) 

quarantine  importations  of  diseased  live 

stock  (26  Stat.  L.,  416) 4 

refund   money  erroneouslv   collected   by 

Forest  Service  (36  Stat.  L.,  1235) " 

remove  timber,  etc.,  from  national  forests 

(37  Stat.  L.,  209) 

require  bonds  from  field  workers  (32  Stat. 

L.,  286) 

secure  samples  of  adulterated  foods,  etc., 

for  inspection  (34  Stat.  L.,  669) 185-18 

sell  department  files,  etc.,  as  waste  paper 

(34  Stat.  L.,  1256) 

prints  and  lantern  slides  at   cost  (34 

Stat.  L.,  1256) 

maps,  etc..  Forest  Service  (31 

■     Stat.  L.,  1270) 17 

slaughter  infected  live  stock  (26  Stat.  L., 

416) 41" 

study  cost  of  food  supplies  and  dissemuiate 

results  (37  Stat.  L.,  269) - 14-1 

suspend  prohibition  of  cattle  and  hides  (36 
Stat.  L.,  11) 


INDEX.  401 

I  Page. 

Agriculture,  Secretary,  authority  to  use  appropriatiou  iu  externiination  of  army 

worui  (37  Slal.  L.,  610) 201 

waive   inspection    of   meats   exported    to 
countries  not  requiring  such  inspection 

(32  Stat.  L.,  1147) 58 

withhold   certificate  of  appropriation  for 
experijnent  stations  (34  Stat.  L.,  04)  . . .       250 
cooperation  with  Postmaster  General  on  roads  (37  Stat. 

L. ,  539) 15 

creation  of  office  (25  Stat.  L.,  (i59) 9 

custody  of  property  of  department  (R.  S.,  525) 13 

duties  and  powers  (2G  Stat.,  L.,  282;  28  Stat.  L.,  264;  36 

Stat.,  L.,  1235;  R.  S.,  523,  525,  526).  11, 12-13, 13-14 
as  to  inspection  of  live  stock  before  and  after 
slaughter  for  interstate  commerce  (26  Stat.  L., 

1090) 55-56 

in  regard  to  meats  for  interstate  and  foreign  com- 
merce (34  Stat.  L.,  1256) 61-68 

regarding  Alaska  game  laws  (35  Stat.  L.,  102, 

103,  105) 205,  207,  209 

duty  to  report  on  experiment  stations  (34  Stat.  L.,  64).  250, 251 

in  charge  of  Ulmstead  lands  (37  Stat.  L.,  189) 102 

investment  with  powers  of  Commissioner  of  Agriculture 

(26  Stat.  L.,  282) 11 

jurisdiction  over  portion  of  Arlington  estate  (31  Stat.  L., 

135) 25-26 

limitation  to  specific  fund  in  salary  payments  (34  Stat. 

L.,  1256) 19 

member  board  of  appeals  on  imitation-butter  and  fiUed- 
cheese  decisions  (24  Stat.  L.,  209;  29  Stat. 

L.,  253) 14 

food  and  drug  law  board  (34  Stat.  L.,  768).. . .  188 
monthly  reports  from  bureau  chiefs  (30  Stat.  L.,  316)..  293 
Office,  salaries,  appropriations,  1913  (37  Stat.  L.,  269)..  30-31 
permission  to  erect  fences  for  exclusion  of  foreign  cattle 

(36  Stat.  L.,  416) 52 

quarterly  reports  to  President  (30  Stat.  L.,  316) 293 

report,  contents,  form,  number  (R.  S.,  528) 16 

of  expenditures  from  all  appropriations  (R.  S., 

529;  23  Stat.  L.,  353) 16-17 

meat  inspection  estimates,  requirements  (34 

Stat.  L.,  1260) 67 

salary  (R.  S.,  521;  25  Stat.  L.,  659;  34  Stat.  L.,  993).  9,10,283 

special  reports,  authority  (R.  S.,  528) 16 

submittal  in  Book  of  Estimates  of   list  of   clerks  em- 
ployed, salaries,  etc.  (32  Stat.  L.,  303) 17 

supervision  of  experiment  stations  (24  Stat.  L.,  441). . .       246 
to  collect  and  publish  information  on  birds  (31  Stat.  L., 

187) 202 

decide  agricultural  value  of  allotments  (36  Stat.  L., 

863).... - 123 

make  regulations  for  bird  protection  on  bird  reserves 
(34  Stat.  L.,  536;    35  Stat.  L.,  1104;    Executive 

orders) 209-210, 210-224 

prepare  statement  of  Forest  Service  expenditures, 

1900  to  1910  (36  Stat.  L.,  1205) -  -  172-173 

submit  estimates  of  expenditures,  Forest  Service  (34 

Stat.  L.,  009) ., ;.-.; 94 

transmittal  of  salary  estimates  for  inclusion  in  Book 

of  Estimates  (30  Stat.  L..  410) 18 

Avitli  other  Secretaries,  control  of  national  monuments 

(34  Stat.  L.,  225) 1 1<^ 

Agrostology  Division,  reorganization  into  Plant  Industry  Bureau  (32  Stat.  L., 

71657—13 26 


402        LAWS  APPLICABLE  TO  THE  DEPAETMEXT  OF  AGRICULTUEE. 

Page. 
Alaska,  game  act,  provisions  (34  Stat.  L.,  536;  35  Stat.  L.,  102-105;  36  Stat.  L., 

1360) 204-209 

hunliiiii  regulations  (35  Slat.  L.,  103) 206-207 

killiuj;  ior  shipment  prohibited  (35  Stat.  L.,  102) .  : 204-205 

laws,  enforcement,  duties  of  various  officers  (35  Stat.  L.,  105).  208-209 

open  season  for  certain  animals  (35  Stat.  L.,  102 205 

governor,  duties  rc<:arding  game  laws  (35  Stat.  L.,  103,  104,  105). .  207, 208,  209 

pulp  wood  and  wood  pulp  exportation  (33  Stat.  L.,  628) 93 

shipment  of  wild  birds  and  animals  prohibited,  exemptions,  penalties, 

etc.  (35  Stat.  L.,  104,  105) 208-209 

Alfalfa  seed,  adulterated,  prohibition  of  importation  (37  Stat.  L.,  506) 77-78 

Allotments  to  Indians  within  national  forests  (36  Stat.  L.,  863) 123 

American  Bison  Society,  presentation  to  United  States  of  buffalo  herd  (37  Stat. 

L.,  293) 226 

Ammunition  for  protecting  public  property  (20  Stat.  L.,  412) 358 

Animal  Industry  Bureau,  chief,  requirements  (23  Stat.  L.,  31) 41 

establishment  (23  Stat.  L.,  31;  26  Stat.  L.,  282) 11,41 

reports,  publication  and  distribution  (28  Stat.  L., 

601) 71 

employees,  molestation  in  performance  of  duty,  penalty  (35 

Stat.  L.,  1088) 70-71 

expert,  appointment  on  adAnisory  board  of  Hvgienic  Labora- 
tory (32  Stat.  L.,  712) ." 71 

product?!,  sale  by  Secretary  (37  Stat.  L. ,  269) 45 

Animals,  breeding,  imports  free,  conditions  (36  Stat.  L.,  11) 53 

sale  by  Secretary,  authority  (37  Stat.  L.,  269) 45 

dead,  interstate  transportation,  restrictions  (31  Stat.  L.,  188;  35  Stat. 

L.,  1137) 202,  203 

shipment,  marking  packages,  violation  of  act,  penaltv,  etc. 

(35  Stat.  L.,  1137,  1138) ." 204 

export,  inspection,  duty  of  Secretary  of  Agriculture  (26  Stat.  L.,  416).        50 

importations,  suspension  by  President  (26  Stat.  L.,  416) 50 

imported,  inspection,  duty  of  Secretary  of  Agriculture  (26  Stat.  L., 

416) 50 

injurious,  importation  prohibited  (35  Stat.  L.,  1137) 203 

wild,  shipment  from  Alaska  witliout  license  prohibited,  exemptions, 

penalties,  etc.  (35  Stat.  L.,  104.  105) 208-209 

See  also  Cattle;  Game;  Live  stock. 
Annual  appropriations.     See  Appropriations. 

report,  delinquencies  in  accounts  (28  Stat.  L.,  209) 337-338 

reports.     See  Reports. 

executive.     See  names  of  executive  officers,    as   Secretary, 
Agriculture,  etc.;  Animal  Industry  Bureau,  chief. 

Antiquities,  American,  preservation  act  (34  Stat.  L.,  225) 109-11( 

collection  for  museums,  etc.,  permits  (34  Stat.  L.,  225) IK 

injury  or  destruction,  prohibition,  and  penalty  (34  Stat.  L.,  225)..      lOS 
Apparatus  for  scientific  institutions,  etc.,  exempt  from  duty  (36  Stat.  L.,  71, 

74,  78) 358-36£ 

Appeal  boards,  imitation-butter  and  filled-cheese,  personnel  (24  Stat.  L.,  209; 

29  Stat.  L.,  253) I'! 

Appeals  for  withholding  of  ai)propriation  for  colleges  (26  Stat.  L.,  419;  34  Stat. 

L. ,  64) 243. 25( 

Apple  barrels,  marking,  size  of  letters,  etc.  (37  Stat.  L.,  250) 8( 

misimanding  (37  Stat.  L..  250) 80-«] 

standard,  dimensions,  capacity,  etc.  (37  Stat.  L.,  250) 79-81 

Apples,  grading,  packing,  marking,  etc..  provisions  (37  Stat.  L.,  250) 79-.*^ 

standard  gra<les.  definition  (37  Stat.  L.,  250) 8t 

Appoijitments,  civil  service,  apportionment  among  States  and  Territories  (22 

Stat.  L.,  403) :.... 27" 

probationary,  requirement  (22  Stat.  L.,  403) • 27' 

l)romotiqji8,  etc.,  reports,  repeal  of  act  requiring  (36  Stat.  L., 

1235) 17-r 

teini>orary,  restrictions  (R.  8..  180.  181) 275-27' 

Appraisers,  live  st^ck  slaughtered  by  order  of  Secretary,  appointment  (26  Stat. 
L.,  410) 5( 


it 


INDEX.  403 

Page. 

Appropriation  act,  Department  of  Agriculture,  1913  (37  Stat.  L.,  269) 30-33 

requiremeut  of  spt'cilic  lerius  (32  Stat.  L.,  oGUj 316 

acta,  agricultural,  citations,  list 393 

requirements  in  terms,  etc 316-321 

agricultural  college,  act  of  March  4,  1907  (34  Stat.  L.,  1281) 244 

certificates,  witliholding,  appeals  to  Congress  (26  Stat.  L.,  419; 

34  Stat.  L..  64) 243,250 

Department  Library,  for  ID  13  (37  Stat.  L.,296) 237 

examination,  etc.,  of  lands  on  headwaters  of  navigable  streams 

(37  Stat.  L.,  300) 102 

expenses  of  National  Forest  Reservation  Commission  (36  Stat. 

L. ,  963) 101-102 

insecticide  act  (37  Stat.  L.,  300) 263 

inspection  of  live  stock,  meat,  etc.  (34  Stat.  L.,  669) 68 

outstanding,    amoimt  to   be   designated   in   estimates   (R.    S., 

3665) 312-313 

plant  quarantijie  act  (37  Stat.  L.,  319) 269 

printing  Secretary's  report 24 

roads  improvement,  cooperation  of  Secretary  of  Agriculture  and 

Postmaster  General  Ln  expenditure  (37  Stat.  L.,  539) 15 

Office,  for  1913  (37  Stat.  L.,  269) 256-257 

Secretary's  report,  provision  for  printing 24 

Appropriations,  Accounts  Di\nsion.  for  1913  (37  Stat.  L.,  293) 228-229 

act  of  1908.  repeal  (36  Stat.  L.,  1235) 17-18 

agricultural  colleges,  reports  by  Secretary  of  Interior  (26  Stat. 

L.,  419) 243 

Animal  Industry  Bureau  (37  Stat.  L.,  269) 71-74 

annual,  experiment  stations,  payment,  uses,  etc.  (24  Stat.  L., 

441;  34  Stat.  L.,  63.  669) 246-247,  249-251 

Arlington  Experimental  Farm  (31  Stat.  L.,  135) 26 

Biological  Survey,  for  1913  (37  Stat.  L.,  269).. 226-227 

buildings  and  grounds  outside  of  Washington  city,  compensa- 
tion of  disbursing  officer  (22  Stat.  L.,  306) 347 

for  Department  of  Agriculture,  restriction  (32  Stat. 

L.,  806) 27,28 

Chemistry  Bureau,  for  1913  (37  Stat.  L.,  269) 195-196 

control  and  accounting  by  Secretary  (R.  S.,  3677) 15 

department,  authority  of  Secretary  to  expend  (R.  S.,  3677)...         15 

determination  of  amount  by  footings  (29  Stat.  L.,  148) 318 

Entomology  Bureau,  for  1913  (37  Stat.  L.,  269) 200-201 

estimates'  communication  to  Congress  (R.  S.,  3360;  23  Stat. 

L.,254) 308,309 

See  also  Estimates. 

excess,  expenditure  prohibited  (25  Stat.  L.,  941) 360 

Experiment  Stations  Office,  for  1913  (37  Stat.  L.,269) 254-256 

subject  to  assent  of  States,  etc.  (24  Stat. 

L..  442;  25  Stat.  L.,  176) 248 

Forest  Service,  1913(37  Stat.  L.,  269) 173-183 

land-grant,  manner  of  payment  to  States  (26  Stat.  L.,  418).  242-243 

Library,  for  1913  (37  Stat.  L.,  269) ....       237 

permanency,  not  to  be  construction  of  law  (37  Stat.  L.,  487).  317-318 

Plant  Industry  Bureau,  for  1913  (37  Stat.  L.,  269) 81-85 

Publications  Division,  for  1913  (37  Stat.  L.,  269) 230-231 

Roads  Office,  for  1913  (37  Stat.  L.,  269) 256-257 

Soils  Bureau,  for  1913  (37  Stat.  L.,  269) 197-198 

Solicitor's  Office,  for  1913  (37  Stat.  L.,  269) 30-31 

Statistics  Division,  for  1913  (37  Stat.  L.,  269) 235-236 

unexpended  (24  Stat.  L.,  441)...... 247 

various  bureaus,  change  of  designation  (32  Stat.  L.,  303) 12 

weatJier  maps,  specific  provision  (24  Stat.  L.,  266) 36 

Vrchseological  sites,  excavation,  etc..  permits  (34  Stat.  L.,  225) 110 

Vrizona,  land  grants  to,  conditions,  and  school  funds  from  national  forests  (36 

Stat.  L.,  570,  573; 136-137 

timber  cuttiiig  for  mining  and  domestic  uses,  permit  (20  Stat.  L.,  88).       141 
Islington  estate,  portion  transferred  to  jurisdiction  of  Secretary  of  Agriculture 
I   (31  Stat.  L. ,  135) 25-26 


404        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Paee. 
Arlington  Experimental  Farm,  establishment,  purposes,  "lines,  etc.  (31  Stat. 

L.,  135;  32  Stat.  L.,  28G) 25-27 

farm,  location  and  lines,  jurisdiction  of  Secretaries  of  War  and  Agri- 
culture (31  Stat.  !>..  135) 25-26 

Arms  for  protecting  public  property  (20  Stat.  L.,  412) 358 

Army  maneuverijig  groujids,  acquisition  of  private  lands.  Crow  Creek  National 

Fore.st  (35  Stat.  !>.,  42) 134 

worm,  extermination,  appropriation  (37  Stat.  L.,  640) 201 

Arrears,  accounts,  cau.se  for  withholding  officers'  pay  (R.  S.,  1766) 286 

Arrests  may  be  made  bv  Forest-Serxnce  employees  (33  Stat.  L.,  700) 113 

Assault  on  officer,  penalty  (33  Stat.  L.,  1265) 48 

Assistant  Secretary  Agriculture,  appointment,  duties,  and  salary  (25  Stat.  L., 

659;  34  Stat.  L.,  1256) 10, 11 

Atlases,  Geological  Survey,  distribution  (29  Stat.  L.,  701) 37o 

Attorney  General,  aid  to  Secretary  (R.  S.,  187) 38c 

duty  to  aid  in  condemnation  proceedings  (25  Stat.  L.,  357).       355- 
defend  United  States  in  all  Government  cases  (36 

Stat.  L..  1141,  1142) 38t 

pass  on  title  to  lands  purchased  under  Weeks  law 

(36  Stat.  L.,  962) 10( 

supply  counsel  for  legal  services,  other  departments 

(R.  S.,  187,  189,  361,  364) 384,38; 

opinion  on  law  questions,  call  by  Secretary  (R.  S.,  356) 38- 

to  distribute  copies  of  Supreme  Court  reports  (36  Stat.  L., 

1154) 37: 

Attorneys,  Department  of  Justice,  to  aid  Agriculture  Secretary,  law  proceedings 

(R.  S.,  187.  189,  361,  364) 384,38: 

district.     Sec  District  attorneys;  Justice  Department. 

employment  by  Secretarv,  prohibition  (R.  S.,  189) 38 

fees,  restriction  (R.  S.,  365) 38 

services  furnished  by  Department  of  Justice  (R.  S.,  187,  189,  361, 

364) 384, 385, 38 

Auditor  of  Treasury,  inspection  of  books,  etc.,  of  disbursing  officers  (29  Stat.  L., 

550) 33 

Auditor's  settlement  of  accounts,  when  conclusive  (28  Stat.  L.,  207) 336-33 

Bacon,  inspection  for  export  (26  Stat.  L.,  414) 53-5 

Balances,  certified,  conclusive  on  departments,  etc.  (28  Stat.  L.,  207) 336-33 

unexpended,  dL'iposal,  provisions 319-32 

Bank  officials,  receiving  unauthorized  deposits  of  public  money,  penalty  (35 

Stat.  L.,  1106) 35 

Banker  receiving  unauthorized  deposit  of  public  monev.  penalty  (35  Stat.  L., 

1106) : ' 35 

Barrel,  apple,  marking,  size  of  letters,  etc.  (37  Stat.  L.,  250) f 

standard,  dimensions,  capacitv,  etc.  (37  Stat.  L.,  250) 79-^ 

Barrels,  apple.  misl)randing  (37  Stat.  L.,  250) 80-i 

Beef,  export,  inspection  of  live  cattle  required  (26  Stat.  L.,  1089,  1090) E  i 

Beet,  sugar,  seed  adapted  to  irrigated  lands  (37  Stat.  I;..  274) • 

Beet-sugar  report,  anmml  jjrinting  and  disiribution  (34  Stat.  L.,  839) 

Belle  Fourche.  S.  Dak.,  i)r<'e(iiiig  reservation  for  birds,  establishment 21 

Bering  Sea.  l)reeding  reservation  lor  birds,  establishment 2i 

Bids,  acceptance  or  rejection  (R.  S.,  3709) 31 

forging,  penalty  (;i5  Slat.  L.,  1094) 3' 

opening,  presence  of  bidders  (R.  S.,  3710) 31 

Big  trees,  Calii'ornia,  protection i: 

Binding  and  printing  appropriati<ms  for  1913,  Publications  bivision  (37  Stat. 

L.,  482) 229-2: 

authorization  (28  Sfat.  L.,  622) 3< 

charge  to  tlrpartment  originating  dornment  (34  Stat.  L.,  825) 365-3i 

cost,  division  l)ctween  Congress  and  departments  (34  Stat.  L.,  825).  365-3i 

department,  estimates,  requi.'-itions,  etc.,  (2H  Stat.  L.,  623) 3' 

pul)li(ati(nis,8tvle  determined  by  Public  Printer  (28  Stat. 

L..  (i08) ; 363,3 

restriction  of  work  to  Government  Printing  Office  (28 

Slat.  L..  622) 3 

estimates,  laws  affecting  (R.  S.  .3661 ;  28  Stat.  T..,  961;  34  Stat.  L.,  762).      3 
Secretary's  report,  appropriation 


.J 


INDEX.  405 

,  Page. 

Biological  Survoy,  appropriations  for  l'M^  (37  Sfat.  L.,  2(i9) 226-227 

Bureau,    appropriatimus  t-hanged   from    biological   Survey 

Division  (32  Siat.  L..  303) ' 12 

chief,  authorization,  and  requirement  (33  Stat.  L.,  877) 201 

laws  affecting 201-227 

Biologist,  requirement  for  Biological  Survey  chief  (33  Stat.  L.,  877) 201 

Bird  protection,  on  bird-breeding  grounds,  violation  of  act,  penalty,  etc.  (34 

Stat.  L.,  53(5,  537) 209-210 

refuge  in  Wiihita  Forest  Reserve  (33  Stat.  L.,  614;  34  Stat.  L.,  30G2). . .  110-111 

Birds,  breeding,  reservations,  Executive  orders 210-224 

cage,  imputations  (35  Stat.  L.,  1137) 203 

dead,  shipment,  marking  packages,  violation  of  act,  penalty,  etc.  (35 

Stat.  L.,  1137;  35  Stat.  L.,  1138)..... 204 

foreign,  game  or  song,  transportation  of  bodies.  State  laws  applicable 

(31  Stat.  L.,  188). 202-203 

game,  wild,  etc.,  preservation,  provision  (31  Stat.  L.,  187) 202 

hunting,  trapping,  etc.,  on  breeding  grounds,  prohibited,  penalty,  etc. 

(34  Stat.  L.,  536,  537;  35  Stat.  L.,  1088) 209-210 

importation  prohibited,  exceptions  (31  Stat.  L.,  188;  35  Stat.  L.,  1038; 

35  Stat.  L.,  1137) 202-203 

injurious,  importation  prohibited  (35  Stat.  L.,  1137) 203 

wild,  shipment  from  Alaska  without  license  prohibited,  exemptions, 

penalties,  etc.  (35  Stat.  L.,  104,  105) 208-209 

ison  Range,  Montana  National,  reservation  of  land,  fencing,  enlargement,  etc. 

I    (35  Stat.  L.,  267,  1051) 225 

iBlack  Hills  Forest  Reserve,  homestead  entries,  limitations  (34  Stat.  L.,  234, 

I  883;  37  Stat.  L.,  188) 138-140 

National  Forest,  exchange  of  lands  with  Harney  National  Forest 

(37  Stat.  L.,192) 135 

timber  removal,  permission  and  limitation  (37 

Stat.  L.,  269) 92 

Blister  rust,  white-pine,  quarantine  (37  Stat.  L.,  317) 267 

"Blue  Book."    See  Register.  Official. 

Bluegrass  seed,  adulterated,  prohibition  of  importation  (37  Stat.  L.,  506) 77-78 

iBoard  to  appraise  value  of  telegraph  lines,  etc.  (R.  S.,  5267) 144 

Boards.    See  Commissions. 

I'.ogoslof,  Alaska,  breeding  reservation  for  birds,  establishment 222 

I  '.ond,  disbursing  clerk  and  deputy  (36  Stat.  L.,  1258) 228 

i-onds,  contractors',  and  actions  thereon,  provisions  (33  Stat.  L.,  811) 332-333 

forging,  penalty  (35  Stat.  L.,  1094) 348 

official,  examination  and  renewal  (28  Stat.  L.,  807) 299 

sureties,  notice,  etc.  (25  Stat.  L.,  387) 289 

requirement  from  field  workers  for  money  advances  (32  Stat.  L.,  286). .         20 

of  (R.  S.,  3614;  35  Stat.  L.,  1027) 274 

surety,  certain  corporations  to  be  accepted  (28  Stat.  L.,  279) 298 

premium  limited  (36  Stat.  L.,  125) 298 

Book  of  Estimates.     See  Estimates. 

Books,  accounts  of  disbursing  officers,  inspection  (29  Stat.  L.,  550) 339 

copies,  use  as  evidence  (R.  S.,  882) 378 

for  scientific  institutions,  etc.,  exempt  from  duty  (36  Stat.  L.,  71.  74,78).  358-359 

mutilating,  etc.,  by  officer  in  charge,  penalty  (35  Stat.  L.,  1112) 377 

public  propertv,  injuring,  destroying,  or  stealing,  penalty  (20  Stat.  L., 

171;  35  Stat." L.,  1111) 377 

transfer  from  departments  to  Library  of  Congress  and  Public  Library, 

D.  C.  (32  Stat.  L.,  865) 369 

I  See  also  Documents. 

iBotany  Division,  reorganization  into  Plant  Industry  Bureau  (32  Stat.  L.,  286).  11-12 

I  Boulder,  Colo.,  water  supplv,  lands  granted  in  Boulder  Countv  (34  Stat.  L., 

I     1223) '. 161-162 

iBoxing  trees  for  turpentine,  penalty  (35  Stat.  L.,  1098) 105-106 

•  Branding  apple  barrels  (37  Stat.  L.,  250) 80 

j  Breeding  animals.     See  Animals,  breeding. 

I  experiments,  animal,  etc.,  appropriation  (37  Stat.  L.,  269) 74 

reservations,  game  and  bird.  Executive  orders 210-224 

I  Breton  Island,  La.,  breeding  reservation  for  birds,  establi.'^hment 210-211 

iBribe,  acceptance  by  United  States  officials  (35  Stat.  L.,  1109,  1112) 303,304 


406        LAWS  APPLICABLE  TO  THE  DEPART:MENT  OF  AGRICULTUKB. 

Paw. 

Bribery  of  officer  authorized  to  determine  any  question  (35  Stat.  L.,  1112) 304 

of  United  States,  punL-hment  (35  Stat.  L.,  1095) 300 

Bribes,  meat  in.-<pecti(>n,  penalty,  etc.  (34  Stat.  L..  1256) 66^7 

Buffalo,  National  range,  establishment  in  South  Dakota  (37  Stat.  L.,  293) 226 

Building,  Agriculture  Department,  construction,  plans,  and  contracts,  authori- 
zation (32  Stat.  L..  806) 27-28 

limit  of  cost  (32  Stat.  L.,  806) 28 

erection  on  Government  property  without    Congressional    authority, 

prohibition  (37  Stat.  L..  444). " 361 

sites,  cost  limitation  (R.  S.,  3734) 325-326 

selection  by  Treasury  Secretary  ( IS  Stat.  L.,  276) 360 

Buildings  and  grounds.  District  of  Columbia,  protection,  application  of  District 

laws 359-363 

construction,  disbursing  officer's  compensation  (R.  S.,  3654;  18  Stat. 

L.,  415;  36  Stal.  L.,  1387) 347-348 

contracts,  restrictions  (R.  S.,  3733;  34  Stat.  L.,  545;  35  Stat.  L.,  1106).     325, 

360-361 
experiment  stations,  limitation  of  funds  (24  Stat.  L.,  441;  34  Stat.  L., 

63) 247, 250 

farm,  experiment  work,  limitations  (37  Stat.  L.,  269) 82, 84 

gas  rp^nlations  (19  Stat.  L.,  359) 362 

land-grant  funds  not  to  be  used  (12  Stat.  L.,  504;  26  Stat.  L.,  418). .  239, 243 

mourning,  prohibition  (27  Stat.  L.,  715) 361 

national  forests,  cost  limitation  (37  Stat.  L.,  269) 175 

new.  approval  of  plans  before  selection  of  site  prohibited  (25  Stat.  L.. 

941) 360 

new,   plans  and  estimates,  preparation  bv  Supervising  Architect 

(36  Stat.  L.,  699) * 359-36(] 

outside  of  Washington  city,  disbursement  of  funds,  compensation 

(22  Stat.  L..  306;  36  Stat.  L..  1387) 347-34^ 

rent.  District  of  Columbia,  contracts  (19  Stat.  L.,  370) 32-1 

rented.  District  of  Columbia,  appropriations,  1913  (37  Stat.  L.,  269)..  31-8: 
statements  in  estimates  (22  Stat.  L..  531;  27  Stat.  L.,  552)..      31: 

renting.  District  of  Columbia,  restrictions  (22  Stat.  L..  241) 361 

use  for  public  ceremonies,  prohibition  (32  Stat.  L.,  152) 361-361: 

water  regulations  (22  Stat.  L.,  615) 361 

Bulbs,  quarantine  rogulalions  (37  Stat.  L.,  317) 265-26J 

Hiiil  Run  Natioiu)]  Forest.  Greg.,  trespass,  penalty  (35  Stat.  L.,  1099) 10( 

liulletins,  experiment  stations,  transmi.ssion  free  of  postage  (24  Stat.  L.,  441)..       24t 

Bumping  Lake,  Wash.,  breeding  reservation  for  birds,  establishment 21' 

Bureau,  Animal  Industry,  etc.     See  .\nimal  Industry  Bureau,  etc. 

chiefs  to  prejKire  and  examine  pay  ro'  Is  and  vouchers  (37  Stat.  L. ,  375) .  338-:' 

Burial  places,  Indian,  in  national  forests,  protection  (35  Stat.  L.,  272) 1: 

Butter,  imitation,  purity  decisions,  appeal  board  (24  Stat.  L..  209) 1 

process.     See  Butter,  renovated. 

renovated,  inspection  requirements  (32  Stat.  L.,  193) 59 

labels,  requirements  (32  Stat.  L.,  193) 59-oi 

regulation  of  industry  (32  Stat.  L.,  197) 6( 

report  of  quantity  and  quality  manufactured  (32  Stat.  L., 
193) 61 

Cabinet,  members,  .salary  (34  Stat.  T,.,  993) '2'^ 

Calaveras  Bigtree  National  Forest,  description,  acquisition,  etc.  (35  Stat.  L., 

626) 130-18 

California,  counties  in  forest  reserves  excepted  from  homestead  laws  (34  Stat. 

L.,233) 18 

forest  reserves,  de.scription,  changes,  provisions  of  law 125-18 

limitation  of  creation  (36  Stat.  L.,  847) !' 

timber  sales  (34  Stat.  L.,  669) 

Canals,  ditches,  etc..  rights  of  way  through  forest  reservations  and  other  public 

lands  (31  Stat.  L.,  790) 1  i 

T,os  .\ngeles  waterworks,  rights  of  way  (34  Stat.  L..  801) 1'' 

right  of  way  through  forest  reserves  (30  Stat.  L.,  1214) M 

public  lands  (26  Stat.  L.,  1101-1102;  30  Stat.  L., 

404) , 149-16 

Canaries.     See  Birds. 


t 


INDEX.  407 

i  Pa«e. 

Cane,  seed,  imported,  exemption  from  duty  (^36  Stat.  L.,  1 1 ) 23 

Canyons,  railroad  rightfi  of  way  (18  Stut.  L.,  182) 147 

Can-asses,  meat  animals,  condemned  by  inspectors,  disposal  (34  Sfat.  L.,  1256)..  61-62 

examination   at  abattoirs,    packing   houses,   etc.    (34 

Stat.  J>.,  1256) 61-62 

Card  index,  agricultural  ^O.  E.  S.),  .sale  of  copies  and  disposition  of  proceeda 

(35  Stat.  L.,  2()6) 253 

('arlsbad,  N.  Slex.,  breeding  ro.>;ervation  for  birds,  establishment 219 

(  arriages,  use  by  oflicers,  restrictions  on  payment  (33  Stat.  L..  142,  687) 306 

Ca.ss  Lake  Reservation,  timber  lands,  provisions  (32  Stat.  L.,  400;  35  Stat.  L., 

270) 1 14-116,  120 

atalogue,  monthly,  public  diicuments  (28  Stat.  L.,  612) 369 

1  attle,  export,  inspection,  duty  of  Secretarv'  (26  Stat.  L..  10S9) 55 

slaughter  at  British  ports,  authority  of  President  to  ask  for  abro- 
gation of  order  (30  Stat.  L.,  1)..! .52 

importation  of  diseased,  prohibition  (26  Stat.  L.,  414) 48-49 

importations,  prohibition  (36  Stut.  L..  11) 51 

inspection  before  and  after  slaughter  for  interstate  commerce  (26  Stat. 

L . .  1 090) 55-56 

slaughter  for  interstate  and  foreign  commerce  (34  Stat. 

L..  1256) 61 

slaughter  for  export,  inspection,  requirements  (26  Stat.  L.,  1090) 55 

tick-infested.  adnii.s.sion  from  Mexico  into  Texas  (36  Stat.  L.,  1235) 51 

See  also  Live  stock. 
Cedar,  red,  destruction  on  land  reserved  for  use  of  United  States  Navy  (R.  S., 
2461) 103 

[Census,  Director,  authority  to  collect  and  publish  cotton  statistics  (37  Stat.  L., 
19g) 233-235 
duty  of  publishing  Ofliciai  Register  (34  Stat.  L.,  ii9) 307 

to  furnish  cotton  statistics  to  Statistics  Bureau  (37  Stat. 

L..  198) 234 

information  for,  requirements  of  other  departments  (36  Stat.  L.,  10)...       308 
Central  Arizona  Railway  Co..  right  of  wav  through  San  Francisco  Mountains 

Forest  Reserve  (32  Stat.  L.,  907) ". 155 

Certificate,  false,  punishment  (35  Stat.  L..  1107) 301 

forging,  penalty  (35  Stat.  L..  1094) 349 

in8p>ectiou  of  export  cattle,  requirements  (26  Stat.  L.,  1089) 55 

required  on  imported  nursery  stock  (37  Stat.  L.,  315). .  264,  265 
Certificates,  inspected  live  stock  and  meats,  regulations  (26  Stat.  L.,  1090). ...         57 

inspection,  delivery,  filing  of  copies,  etc.  (.34  Stat.  L.,  1256) 65 

forgery,  alteration,  etc.,  forbidden  (34  Stat.  L.,  1256)..         64 

loss,  public  property,  instead  of  returns  (28  Stat.  L.,  47) 355-356 

meats  inspected  for  export,  ruling  (26  Stat.  L..  414) 54 

Charts,  Coast  and  Geodetic  Survey,  sale  and  distribution  (28  Stat.  L.,  620)..  374-375 

Weather  Bureau,  authority  to  print  (28  Stat.  L..  601) 24 

Chase  Lake,  N.  Dak..  V>reeding  reservation  for  birds,  establishment 216 

Checks,  lost,  stolen,  or  destroyed,  duplicates,  allowance,  etc.  (R.  S.,  300,  3646. 

3647) ■ 343-344 

outstanding,  reports  by  disbursing  officers  (R.  S.,  310) 345 

Cheese,  filled,  purity  decisions,  appeal  board  (29  Stat.  L..  253) 14 

Chemist,  requirement  of,  for  Chemistry  Bureau  chief  (31  Stat.  L.,  922) 184 

Chemistrj"  Bureau,  chief,  authorization,  and  requirement  (31  Stat.  L.,  922) 184 

establi.«hment  (32  Stat.  L..  286) 11-12,184 

general  expen.^es  (37  Stat .  L..  269) 195-196 

investigation  of  foods,  drugs,  etc..  and  publication  of  results 

(34  Stat.  L.,  769) 188-189 

laws  affecting 184-196 

.salaries  CM  Slat.  L.,  269) 195 

Divi.sion.  reorganized  as  Chemistry  Bureau  (32  Stat.  L..  286) 11-12 

Cheatnut-bark  disease,  appropriation  for  control  (37  Stat.  L.,  274). 85 

Chief  clerk,  .Vgriculture  Department,  authority  of  Secretary  to  appoint  (R.  S., 

.523)  .' 12-13 

designation  as  superintendent  of  depart- 
ment buildings  (33  Stat.  L.,  276)....         13 
salary  (R.  S.,  523) 12-13 


408        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page. 

Chief  clerks,  authority  over  subordinates,  reports,  etc.  (R.  S.,  173,  174) 273 

department,'!,  duty  to  administer  oaths  of  office  (26  Stat.  L..  371). .       297 

reports,  disposition  by  superior  officers  (R.  S.,  175) 272 

Chippewa  Indians,  funds  from  limber  siies  (35  Stat.  L..  270.  272) 119, 121 

pine  lands,  timber  siles  (36  Stat.  L..  855) 12i 

reservation.  Minnesota  timber  lands,  provisions  (32  Stat.  L..  400;  35 

Stat .  L. .  270) 114-116, 12( 

Church  sites,  national  forests 91 

Citations,  ajjricultural  a])j)rnpriation  arts,  list 391^ 

Civil  pension  roll,  proliibilion  (30  Stat.  L..  890) 29] 

service  appointments,  apportionment  among  States  and  Territories  (22 

Stat .  L. .  403) 27' 

commissioners,  powers,  duties,  etc.  (22  Stat.  L.,  403) 276-27f 

rules, prepar.ition. provisions. enforcement,  etc.  (22  Stat.  L.,403).  276-27^ 

Claimant,  fraudulent,  against  (lovernment.  disbarment  (36  Stat.  L..  1114) 38^ 

Claims  against  United  States,  officer's  interest  in  (35  Stat.  L.,  1107) 301-30i 

Court,  call  on  departments  for  information  (36  Stat.  L.,  1140) 38^ 

duty  in  case  of  fraudulent  claims  (36  Stat.  L.,  1141) 38{ 

judgments  in  cases  transmitted  by  departments  (36  Stat.  L., 

1138) m 

jurisdiction  in  suits  against  Government  (36  Stat.  L.,  1136). . .  386-38' 
procedure  in  cases  transmitted  by  departments  (36  Stat.  L.,  1138).  ZSi 
reference  of  claims  by  executive  departments  (36  Stat.  L.,  1137).      38' 

reports,  distribution  (36  Stat.  L.,  1136) 37: 

suits  pending,  information  to  be  furnished  by  department  (R.  S., 

1 88 ) 38( 

exhausted  appropriation,  examination  (20  Stat.  L.,  130) 32( 

false,  presenting,  penaltv  (35  Stat.  L.,  1095) 35( 

forfeiture  for  fraud  (36  Stat.  L.,  1141) 38.' 

fraudulent,  against  Government,  disallowance  (36  Stat.  L.,  1141) 38) 

homestead,  mining,  etc.,  effects  of  right  of  way  to  Los  Angeles  water- 
works (34  Stat.  L.,  801) 15! 

in  dej)artment8  not  to  be  prosecuted  by  former  employees  (35  Stat.  L., 

1112) 304-30. 

land,  condemnation  (18  Stat.  L.,  482) 14 

laws  affecting 384-381 

pa])ors,  uidawful  taking  or  using,  penalty  (35  Stat.  L.,  1096) 35 

pending  in  departments,  data  to  be  furnished  to  Attorney  General  (R. 

S.,  187) 38. 

witnesses  to  be  subpoenaed  (R.  S.,  184) 38. 

reference  by  executive  departments  to  Court  of  Claims  (36  Stat.  L., 

1137) 38 

Classified  service,  prohibition  of  removal  except  for  cause  (37  Stat.  L.,  555) 28 

('lealuin  lyakc.  Wash.,  breeding  reservation  for  birds,  establishment 21' 

('lear  Lake,  Cal.,  breeding  reservation  for  birds,  establishment 22 

Clerks,  authoritv  of  Secretaries  to  appoint  (R.  S.,  169) 283-28 

classification  (R.  S.,  163;  22  Stat.  L.,  406) 276,27 

compensation,  prohibition  of  extra  amount  (R.  S.,  170) 28 

deUiil,  restrictions  (R.  S.,  166) 279-28 

details,  provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat.  L.,  670,  770; 

37  Slat.  L.,  371,  372) 281-282,282-28 

distribution  by  Secretary  (R.  S.,  166) 279-28 

in  various  de])ar1nient8  by  Secretaries  (R.  S.,  166) 279-28 

extra,  restriction  on  emplovment,  salaries,  etc.  (R.  S.,  171) 28 

ext^)rlion  by  (35  Stat.  L.,  1104) 30 

laws  affecting 273-28 

payment  from  contingent  funds,  ])rohibition  (22  Stat.  L.,  312) 34 

prohibition  of  employment  without  law  (19  Stat.  L.,  169) 28 

Siilaries  (R.  S.,  167) 28 

by  clas.srs(R.  S.,  167,  168) 28 

service  report,  inclusion  in  Rook  of  Estimates  (32  Stat.  L.,  286:  36  Stat. 

L.,416) ; 17,1 

transfer  of  duties  to  lower-daas  clerks  (19  Stat.  L.,  143) 28 

transfers,  provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat.  L.,  3). .  281, 28 

Clerkflhips,  deparlmenl.  examinations  recjuired  (R.  S.,  164) 27 

eli!,Ml>ilily  ((f  women  (R.  S.,  1()5) 27 

Clocks,  recording,  prohibition  and  exception  (30  Stat.  L.,  655,  864) 293-29 


INDEX.  409 

Page. 

I  Coast  and  Geodetic  Survey  charts,  !^\lo  and  distribution  (28  Slat.  L.,  620) 374-375 

Coconino  National  Forest,  lands  grunted  for  observaUtry  purjjoses  (3G  Stat.  L., 

>     452) 168 

Cold  Springs,  Greg.,  breeding  reservation  for  birds,  establishment 219 

Collectors,  public  money,  payment  of  moneys  (R.  S.,  3615) 334 

Colleges,  agricultural,  acceptance  of  land  grants,  limitation  on  time  (12  Stat.  L., 

501:  14  Stat.  L.,208) 240,241 

annual  reports  (12  Stat.  L.,  o04;  26  Stat.  L.,  418) 239,243 

fun<ls,  liniitalion  of  use  (12  Stat.  L.,  504;  26  Stat.  L., 

418) 239  243 

grants  of  lands  to  States  for  (12  Stat.  L.,  503;  14  Stat.  L., 

208;  26  Stat.  L.,  417) 237-244 

relation  to  State  governments  (24  Stat.  L.,  441) 247 

withholding  of  appropriations  (26  Stat.  L.,  419;  36  Stat. 

L.,  64) 243,250 

Colorado  forest  reserves,  limitation  of  creation  (34  Stat.  L.,  1256;  36  Stat.  L., 

847) 91-92,98 

timber  cutting  for  mining  and  domestic  uses,  permit  (20  Stat.  L.,  88). .       141 

'  olored  students,  agricultural  colleges,  provision  for  (26  Stat.  L.,  417) 241-242 

'ommerce  and  Labor,  Secretary,  authority  to  call  for  information  for  census 

work  (36  Stat.  L.,  10) 308 

enforce  insecticide  act  (36  Stat. 

L.,  331) 258,262,263 

regulate  payment  of  compensa- 
tion to  injured  employees  (35 

Stat.  L.,  556) 169-171 

member  of  food  and  drug  law  board  (34  Stat. 

j  _  ...     L.,768) 188 

I  Commission  to  appraise  Indian  timberlands,  personnel  and  compensation  (35 

Stat.  L.,  270,  272) 119, 121 

I  Commissioner,    Agriculture.       See    Agriculture,    Commissioner;    Agriculture, 
Secretary. 
Commissions,  expenses,  requirement  of  specific  appropriations  (R.  S.,  3681). . .       318 

j  officers',  issue  by  department  (29  Stat.  L.,  75) 18-19 

I  Compensation,  extra.     See  Salaries,  double. 

•  "Complimente, "  insertion  in  public  document,  prohibited  (28  Stat.  L.,  620). . .       371 
Comptroller  of  Treasury  decisions,  printing  and  distribution,  Public  Printer  (22 

Stat.  L.,  391) 371-372 

i  to  govern  accounts  (28  Stat.  L.,  207) 336-338 

duty  to  bring  suits  against  delinquent  officers  (R.  S., 

3624) 339 

prescribe  forms   of    keeping    and    rendering 

accounts  (28  Stat.  L.,  206) 336 

inspection  of  books,  etc.,  of  disbursing  officers  (29  Stat. 

L.,550) 339 

Computing  machines,  exchange  authorized  (37  Stat.  L. ,  269) 23 

Conconully,  Wash. ,  breeding  reservation  for  birds,  establishment 219 

Congress,  Member,  pay  for  procuring  office  or  contract,  penalty  (35  Stat.  L., 

1108) 802 

Members,  communications  to,  shall  contain  penalty  envelopes  (22 

Stat.  I>.,563) 380 

interest  in  public  contracts,  prohibition,  penalty,  etc.  (35 

Stat.  L.,  1109;  R.  S.,  3741) 329-330 

notification  of  allotments  of  farmers'  bulletins  (34  Stat.  L., 

690) 230 

receiving  pay  for  actions  affecting  United  States  (35  Stat. 

L.,  1109) -  302-303 

recommendation  of  applicants  for  appointment,  prohibi- 

;  tion  (22  Stat.  L.,  406) 279 

'   Congressional  Directory,  distribution  (28  Stat.  L.,  617) 374 

Record,  distribution  (28  Stat.  L.,  617) 372 

examination  in  departments  (28  Stat.  L.,  623) 372-373 

!   Conspiracy  to  commit  offense  against  United  States  (35  Stat.  L.,  1096) 350 

;    Conspiring  to  prevent  officer  from  performing  duties  (35  Stat.  L.,  1088) 299 

J   Construction  funds,  disbursement,  compensation,  etc.  (R.  S.,3654;  18  Stat.  L., 

415;  36  Stat.  L.,  1387) 347-348 


410        LAWS  APPIJCABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

PsKa. 

ConsTilar  reports.  a,G;ririiltiiral,  to  be  embodied  in  monthly  crop  reports  and 

Secretary  ts  annual  reporl  (R.  S.,  1712,  1713) 29 

Contagious  diseases,  animal,  suppression,  authority  to  appoint  agents  (23  Stat. 

L.,  31) 41 

live-stock,    suppression    by    Secretary    of    Agriculture, 

authority  (32  Stat.  L.,  792) 46 

Contingent  expenses,  annual  report  (R.  S.,  193;  19  Stat.  L.,  306) 315 

appropriations,  1913  (37  Stat.  L. ,  269) 31 

interchangeable  on  written  order  of  the  Secretary  (37  Stat. 

L.,  269). 32 

Weather  Bureau  (37  Stat.  L.,  269) 39-40 

See  also  Expenses,  contingent. 

fund,  expenditure,  restrictions  (37  Stat.  L.,  269) 23 

purchases  of  stationery,  etc.,  authorized  (37  Stat.  L.,  269). . .  23 

funds,  allotments  monthly  (II.  S.,  3679) 316 

apportionmentand  uses (37 Slat.  L., 414;  R.  S.,  3682,  3683).  317-319 

exclusion  from  use  for  payment  of  clerks  (22  Stat.  L.,  312). .  347 
restrictions  on  purchases  from  (R.  S.,  3682,  3683;  30  Stat.  L., 

316) 318-319 

Contract,  forging,  penally  (35  Stat.  L.,  1094) 349 

pay  to  official  for  procuring,  penalty  (35  Stat.  L.,  1108) 302 

void  if  paid  for  (35  Stat.  L.,  1108) 302 

Contractor,  violation  of  eight-hour  law,  ])enalty  (27  Stat.  L.,  340;  37  Stat.  L., 

137) 327, 328 

Contractors'  bonds,  and  actions  thereon,  provisions  (33  Stat.  L.,  811) 332-333 

Contracts,  deposit  with  Auditors  of  the  Treasury  (R.  S.,  3743) 33C 

laws  affecting 321-333 

official  envelopes,  bv  Postmaster  General  (28  Stat.  L.,  624;  34  Stat. 

L.,476) ■ 379-38( 

public  building,  excess  of  appropriation,  penalty  (35  Stat.  L.,  1106).  32-^ 

buildings,  restrictions  (34  Stat.  L.,  545) 360-361 

transfer,  prohibition  (R.  S.,  3737) 32t 

unauthorized,  prohibition  (R.  S.,  3732;  34  Stat.  L.,  255) 324 

Contributions,  political.     See  Political  contributions;  Gifts. 

Conveyance,  lands  of  delinquent  officer  (R.  S.,  3631) 341 

Cooperative  work,  forest  investigations,  disposal  of  contributions 9^ 

Copalis  Rock,  Wa.sh.,  breeding  reservation  lor  birds,  establishment 21c 

Copies,  books,  records,  etc.,  use  as  evidence  (R.  S.,  882) 37^ 

Copyright  not  to  subsist  in  Government  publications,  etc.  (35  Stat.  L.,  1077)..  37^ 

Copyrighted  material,  publication  by  Government,  effect  (35  Stat.  L.,  1077)..  37^ 

Corn  Exposition,  Fifth  National,  exhibit,  appropriation  (37  Stat.  L.,  269) 32-3^ 

Corporations,  Uability  for  violation  of  plant  quarantine  act  (37  Stat.  L.,  319)..  26!' 

under  insecticide  act  (36  Stat.  L.,  335) 26; 

persons  interested  not  to  act  as  officers  of  United  States  (35  Stat. 

L.,  1097) 32! 

Cotton  acreage,  annual  report  to  be  issued  by  Statistics  Bureau  (37  Stat.  L., 

118) 23; 

crop  condition,  reports,  authorization  (35  Stat.  L.,  1053) 23'. 

ginncrs,  factories,  etc.,  required  to  furiii.sh  information  (37  Stat.  L.,  198).  23* 

grades,  establishment  of  standards  (35  Stat.  L.,  251) 71 

production,  annual  estimate  to  be  issued  by  Statistics  Bureau  (37  Stat. 

L.,  118) 23; 

spinning  machinery,  purchase,  limitation  (37  Stat.  L.,  269) 8; 

statistics,  collection  and  publication  bv  Census  Office  (37  Stat.  L.,  198).  233-23; 

foreign,  collection  by  Census  Director  (37  Stat.  L.,  199) 23i 

information  conlidontial,  penaltv  for  publishing  without  au- 
thority (37  Stat.  L.,  198) ' 23- 

Councils.     See  Commissions. 

Counsel  fees,  restrictions  (R.  S.,  365) ; 38- 

Counterfeiting  meat-inspection  marks,  penalty  (26  Stat.  L.,  414,  1090) 53,  54, 5i 

weather  forecasts,  penalty  (35  Stat.  I..,  1088) 3! 

Court  fees,  purchasing  at  less  than  face  value  (35  Stat.  L.,  1107) 30 

Court  of  Claims.     See  C'laims,  Court. 

officials,  bribe  receiving  (.35  Stat.  L.,  1112) 30 

purchasing  court  fees  at  less  than  face  value  (35  Stat.  L.,  1107)..  30 


INDEX.  411 

Page. 
Cripple  Creek  District  Ry.  Co.,  right,  of  way  through  Pikes  Peak  Timber  Land      151 

Reserve  (30  Stat.,  493) 

Short-line  Ry.  Co.,  right  of  way  throiigli  Pikes   Peak  Timber 

Land  Reserve  (30  Stat.  L.,  729) 152 

Crop  reports,  advance  information,  penaltv  for  giving  (35  Stat.  L.,  1110) 303-304 

false  (35  Stat.  L.,  1111) 304 

monthly,  addition  of  reports  from  consuls,  etc.  (R.  S.,  1712) 29 

authorization  (28  Stat.  L.,  601;  35  SUvt.  L.,  1053) 24,232 

Crow  Creek  National  Forest,  private  lands,  acquisition  by  exchange  (35  Stat. 

L..42) 134 

Cruelty  to  animals  in  transit  (34  Stat.  L.,  G07) 68-69 

Culebra,  P.  R.,  brocdini,'  reservation  for  birds,  establishment 221 

Custodians  failing  to  s;ifely  keep  public  money,  penalty  (35  Stat.  L.,  1105)..  352-353 

public  moneys,  duties  (R.  S.,  3639) .' 343 

Customs,  collectors,  to  disburse  construction  funds  (36  Stat.  L.,  1387) 348 

various  ports,  duties  regarding  Alaska  game  laws  (35  Stat. 

I-,  104) 20g 

Dairy  products,  exports,  inspection  riHjuiremcnts  (35  Stat.  L.,  251) 59 

false  branding,  prohibition,  and  penalty  (32  Stat.  L.,  632)..  186-187 
Dakota,  timber  cutting  for  mining  and  domestic  purposes,  permit  (20  Stat. 

L.,  88)........ 141 

Damages,  liability  of  irrigation  companies  (26  Stat.  L.,  1102) 150 

Dams,  Los  Angeles  water  works,  rights  of  way  (34  Stat.  L.,  801) 157 

■  rights  of  way  over  forest  reserves  (30  Stat.  L.,  1214) 149 

Day's  work,  laborers,  etc.,  eight  hours  (R.  S.,  3738;  27  Stat.  L.,  340;  37  Stat. 

L.,  137) 326-329 

.'    Debtors  to  United  States,  adjustment  of  indebtedness,  methods  (36  Stat.  L., 

[        1141) 389 

f    Deceased  ex-officials,  closing  department,  prohibition  (27  Stat.  L.,  715) 292 

I    Decisions,  Comptroller  of  Treasury,  printing  and  distribution  by  Public  Printer 

!        (22  Stat .  L. ,  391) 371-372 

'    Deeds,  forging,, penalty  (35  Stat.  L.,  1094)... 348-349 

Deer  Flat,  Idaho,  breeding  reservation  for  birds,  establishment 219 

I     Deficiencies,  estimates,  communication  to  Congress  (23  Stat.  L.,  254) 309 

I     Delinquencies,  accounts,  annual  report,  advance  money  withheld  (28  Stat.  L., 

209) 337-338 

Delinquent  officers,  conveyance  of  lands  (R.  S.,  3631) 341 

sale  of  lands  under  distress  warrant  (R.  S.,  3630) 341 

Department  files.  Secretary  authorized  to  sell  as  waste  paper  (34  Stat.  L.,  1256).        23 
head,  representation  in  requests  to  expedite  patents  (29  Stat.  L., 

692) 305 

meaning  of  word  (R.  S.,  159) 11 

of  Agriculture.     See  Agriculture  Department. 

publications.     See  Publications,  department;  Documents,  public. 

Departmental  authority  for  regulations  (R.  S.,  161) 273 

Departments,  distribution  of  public  documents  (28  Stat.  L.,  623;  37  Stat.  L., 

414) 370-371 

heads,  aid  in  acquisitions  for  Zoological  Park  (26  Stat.  L.,  78). .  307-308 
to  Commis.sioner  of  Fisli  and  Fisheries  (R.  S.,  4397)...       307 

annual  reports,  time  of  making  (R.  S.,  195,  196) 315-316 

communication  of  estimates  to  Congress  (R.  S.,  3360;  23 

Stat.  L.,  254 308, 309 

estimates  of  printing  and  binding  (R.  S.,  3661) 313 

privilege  of  use  of  Library'  of  Congress  (R.  S.,  94) 307 

to  furnish  copies  of  documents  to  superintendent  of  docu- 
ments (28  Stat .  L. ,  610) 369 

keep  inventory^  of  public  property  (R.  S.,  197) 355 

regulate  examination  of  accounts  (28  Stat.  L.,  210) 338 

Deposit,  public  moneys,  failure,  penalty  (35  Stat.  L.,  1105) 352-353 

Depositories,  public  documents  for  free  public  use  (28  Stat.  L.,  620) 375 

publications  sent,  etc.  (28  Stat.  L.,  610,  614, 

620) ; 368,373,375 

Depositor^',  public  money,  shall  issue  duplicate  receipts  for  public  moneys 

(R.  S.,  3621) 335 

Deposits,  refunds  to  purchasers  of  forest  products,  etc.  (34  Stat.  L.,  669,  1256). .  94-95 


412        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Pago. 

Deputy  disbursing  clerk,  authority,  bond,  and  liability  (36  Stat.  L.,  1258) 228 

Desert-land  entries,  relation  to  withdrawal  for  forest  reserves,  etc.  (36  Stat.  L., 

847) 97 

Details,  employees,  on  commissions,  boards,  etc.,  prohibition  (35  Stat.  L.,  1027).       318 
provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat.  L., 

670,  770;  37  Stat.  L.,  371,  372) 281-282,  282-283 

President's  oflBce,  authorization  (37  Stat.  L.,  371) 281 

Detective,  employment  of,  prohibition  (27  Stat.  L.,  572) 279 

Director,  Office  of  Experiment  Stations,  annual  report,  authorization  (33  Stat. 

L.,590) 253-254 

Directory,  Congressional,  distribution  (28  Stat.  L.,  617) 374 

Disbursement  of  construction  funds,  compensation,  etc.  (R.  S.,  3654;  18  Stat. 

L.,  415;  36  Stat.  L.,  1387) 347-348 

funds  for  buildings  and  grounds  outside  of  Washington  city, 

compensation  (22  Stat.  L.,  306;  36  Stat.  L.,  1387) 347-348 

Disbursements  Division.     See  Accounts  Division. 

Disbursing  clerk,  appointment,  duties,  and  bonds  (R.  S.,  176) 273-274 

chief  of  Accounts  Division,  appointment  (35  Stat.  L.,  1039).       227 

deputv,  authority,  bond,  and  liability  (36  Stat.  L.,  1258) 228 

duty  to  superintend  buildings  (R.  S.,  176) 274 

officer,  acting,  designation,  duties,  bond,  etc.  (35  Stat.  L.,  1027) 274 

compensation  for  disbursing  construction  funds  (R.  S.,  3654; 

18  Stat.  L.,  415) 347 

dead  or  no  lojiger  in  service,  lost  checks,  settlement  (R.  S., 

300,  3647). .  -'. 343-344 

prohibition  of  service  on  supply  committee  (36  Stat.  L.,  531).       323 

officers  accounts  remaining  unchanged  for  three  years  (R.  S.,  309).       345 

dutv  and  accounts  (R.  S.,  3620,  3621;  26  Stat.  L.,  413)..  335,336 

lost  checks,  duplicates  (R.  S.,  3646,  3647) 343 

pa])ers,  books,  etc.,  subject  to  inspection  (29  Stat.  L.,  550).       339 

reports  of  outstandnig  checks  (R.  S.,  310) 345 

unlawful  use  of  ])ublic  money,  penalty  (35  Stat.  L.,  1105).       352 

Diseases,  animal,  suppression,  authority  (23  Stat.  L.,  32) 42 

cooperation  of  States,  authoritv  of  Comhiissioner 

of  Agriculture  (23  Stilt.  L.,  32) 42 

contagious,  of  domestic  animals  in  District  of  Columbia,  suppression, 

authority  (23  Stat.  L.,  33) 44 

plant,  quarantine  regulations,  notices,  etc.  (37  Stat.  L.,  317) 266-267 

DiBtrese  warrant,  delinquent  officer  and  sureties,  issue  and  execution  (R.  S., 

3624-3638) 339-342 

Distribution  of  public  documents 368,  370,  372-375 

by  departments,  no  expenditures  for  (37  Stat. 

L..  314) 370-371 

District  attorneys,  duties  ujion  violations  of  quarantine  against  contagious  dis- 
eases of  live  stock  (23  Stat.  L.,  33) 44 

duty  to  prosecute  violations  of  pure-food  law  (34  Stat.L.,  769)      189 
of  Columbia,  Commis.sioner.s,  authority  to  suppress  contagious  diseases 

of  animals  (23  Stat.  L.,  33) 44 

cont4igi()us  diseases  of  animals,  authority  for  suppression 

(23  Stat.  L.,  33) 44 

contracts,  advertisements  (19  Stat.  L.,  105;  20  Stat.  L., 

216;  21  Stat.  L.,  317) 331 

legal  holidavs  (R.  S.,  993;  20  Stat.  L.,  277;  25  Stat.  L., 

1S5,  353;  28  Stat.  L.,  96) 294-295 

rented  buildings,  ai)propriati(m8,  1913  (37  Stat.  L.,  269)..  31-32 

rentuig  buildings,  real  fictions  (22  Stat.  L.,  241) 361 

Ditches,  irrigation,  right  of  way  through  i)ublic  lands  (26  Stat.  L.,  1101-1102;  30 

Stat.  L..  404) .' 149-151 

Division  chiefs  to  prepare  an<l  examine  jiay  rolls  and  vouchers  (37  Stat.  L.,  375)  338-339 
Documents,  Congressional,  for  departments,  to  be  furnishetl  daily  and  on  de- 
mand (2S  Stat.  L.,  623) 372-373 

department,  must  relate  to  work  of  department  issuing  (33  Stat. 

L.,  1249) 368 

ordered  printed  by  Congress,  serial  number  (35  Stat. 

L.,565) 364 


INDEX.  413 

Page. 

I  Documents,  issue  in  two  or  more  editions  (34  Stat.  L.,  826) 366-3G7 

number  for  heads  of  departments  (28  Stat.  L.,  622;  34  Stat.  L., 

826) 365,  366-367 

obeolote,  Secretary  authorized  to  sell  as  waste  paper  (34  Stat.  L., 

1256) 23 

printed  elsewhere  than  at  Government  Printing  Office,  disposal 

(31  Stat.  L.,  1465) 370 

printing  estimates  required  (34  Stat.  L.,  825,  1013) 364,366 

public,  destroying,  mutilating,  or  stealing,  penalty 377 

distribution  methods,'  correction  (34  Stat.L.,  826) 366-367 

to  designated  depositories,  libraries  (28  Stat. 

L.,  610,  614,620) 368,373,375 

work,  transfer  to  Public  Printer  (37  Stat.  L., 

414) '. 370-371 

furnished  to  officers,  ownership  (28  Stat.  L.,  620) 375 

laws  affecting 368-378 

reprinting  (33  Stat.  L.,  584) 367 

sale  and  distribution  by  superintendent  of  documents  (28  Stat.  L., 

610) 368 

superintendent,  duties  in  regard  to  publications  (28  Stat.  L.,  610)  368-369 

surplus,  exchange  by  departments  (28  Stat.  L.,  623) 370 

in  departments,  delivery  to  superintendent  of  documents 

^28  Stat.  L.,  611) 369 

See  also  Puolications. 

Drafts,  outstanding,  payment  (R.  S.,  308) 344 

vouchers  (R.  S.,  307) 344 

Drainage  investigations,  1913,  appropriation  (37  Stat.  L.,  269) 255 

cooperation  of  experiment  stations  (34  Stat.  L.,  694). .       253 

"Drug,"  term  defined  (34  Stat.  L.,  769) 189 

Drugs,  adulterated,  forfeiture  of  imported  (26  Stat.  L.,  415) 184-185 

importation  prohibited,  and  penaltv  (26  Stat.  L.,  415) 184 

inspection  provisions  (34  Stat.  L.,  669) 185-186 

interstate  and  foreign  commerce,  prohibition  (34  Stat.  L., 

768) 187-188 

manufacture,  penalty  (34  Stat.  L.,  768) 187 

or  misbranded ,  certificate  of  Agriculture  Secretarj^  to  United 

States  attorney  (34  Stat.  L.,  769) 188-189 

notice  to  owners  by  Agriculture  Secretary 

(34  Stat.  L.,  669,  769) 185-186, 188-189 

seizure,  procedure,  etc.  (34  Stat.  L.,  771)  192-193 

adulteration,  defined  (34  Stat.  L.,  769) 189-190 

composition,  investigation  bv  Chemistrv  Bureau  (34  Stat.  L.,  769)...  188-189 

examination  of  specimens  (34  Stat.  L. ,  769) 188-189 

importations,  examination  of  samples,  etc.  (34  Stat.  L.,  772) 193-194 

misbranding,  defined  (34  Stat.  L.,  769) ^ 191 

penalty  (32  Stat.  L.,  632) 186-187 

See  also  Foods. 

Drj'  Land  Ck)ngress,  International,  exhibit,  appropriation  (37  Stat.  L.,  269) 32 

Duplicates,  checks,  lost,  stolen,  or  destroyed  (R.  S.,  3646,  3647) 343 

Duplicating  machines,  exchange  authorized  (37  Stat.  L.,  269) 23 

Durango,  Colo.,  grant  for  water  reservoirs,  San  Juan  Forest  Reserve  (34  Stat.  L., 

1053) 160-161 

Duty,  exemption  of  books,  etc.,  for  scientific  institutions  (36  Stat.  L.,  71,  74, 
78) 358-359 

East  Park,  Cal.,  breeding  reservation  for  birds,  establishment 219 

Timbalier,  I,a.,  breeding  reservation  for  birds,  establishment 214 

Edison  Electric  Co.,  assistance  in  fighting  forest  fires  (34  Stat.  L.,  167) 168 

permit  in  California  forest  reserves  (34  Stat.  L.,  163) 163-168 

Editor,  appointment  as  chief  of  Publications  Division  (30  Stat.  L.,  948) 229 

assistant  chief  of  Publications  Division  (33  Stat.  L.,  877) 229 

Efficiency  ratings,   classified  service,   establishment,   enforcement,   violation 

penalty,  etc.,  (37  Stat.  L.,  413) 280-281 

Eggs,  game  birds,  destruction  prohibited,  penalty,  etc.  (34  Stat.  L.,  536,  537; 
35  Stat.  L.,  102,  1104) 204,  209-210 


414        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Fag< 

Electric  light,  contracts  (36  Stat.  L.,  531) 32 

'  power  companies,  rij^ht  of  way,  forest  reservatioiiB  (28  Stat.  L.,  635;  31 

Stat.  L.,  790:  36  Stat.  L.,  1235) 142-143,14 

contracts  (36  Stat.  L.,  531) 32 

plantfl,  Los  Angeles  waterworks,  rights  of  way  (34  Stat.  L.,  801)      15 

Electricity  expenses,  restriction  (34  Stat.  L.,  1371) 362-36 

Elevators,  new  building,  construction,  authorization  (32  Stat.  L.,  806) 27,2 

Elk,  establishment  of  winter  reserve  in  Wyoming  (37  Stat.  L.,  293) 22 

Embezzlement  by  officer  of  United  States,  penalty  (35  Stat.  L.,  1106) 35  . 

evidence,  record  and  prima  facie  (35  Stat.  L.,  1105) 36  ■ 

public  moneys,  etc.,  penalty  (35  Stat.  L.,  1097) 35 

Employee  giving  out  false  crop  reports  (35  Stat.  L.,  1111^ 30 

United  States,  extortion  by  (35  Stat.  L.,  1104) 30  | 

Employees,  authoritv  of  chief  clerks  over  (R.  S.,  173,  174) 27 

below  eflficiency  standard,  report  of  salaries  in  estimates  (26  Stat. 

L.,  228) 31 

deceased,  transportation  of  remains,  restriction  (30  Stat.  L.,  86). . .      29 

department,  authority  of  Secretary  to  appoint  (R.  S.,  169) 283-28  y 

reimbursement  for  street-car  fares  (37  Stat.  L.,  269). .        2  ' 

departmental,  laws  governing 273-30 

detail  on  commissions,  boards,  etc.,  prohibition  (35  Stat.  L.,  1027).       31  . 

to  and  from  Library  of  department  (36  Stat.  L.,  1261) 23  I 

detailed  to  office  of  President  (37  Stat.  L..  371) 28 

details,  provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat.  L.,  1 

670,  770:  37  Stat.  L.,  371,  372) 281,  282-28  \' 

former,  not  to  prosecute  claims  in  departments  (R.  S.,  190) 304-30 

giving  advance  information  on  crop  reports  (35  Stat.  L.,  1110). .  303-3C 
injuries,  compensation  provisions  (35  Stat.  L.,  556-558:  37  Stat.  L., 

74) 16^-17 

insecticide  act,  exemption  from  estimates  in  Book  of  Estimates 

(37  Stat.  L.,  269) ] 

laws  affecting,  general  provisions 271-3C 

lump-sum,  report  (37  Stat.  L.,  487) 31 

meat-inspection  service,   exemption  from  estimates  in  Book  of  ^ 

Estimates  (37  Stat.  L.,  269) ]| 

payment  from  specific  appropriations  (22  Stat.  L.,  255;  37  Stat.  L., 

414) 284-L\^ 

per  diem,  allowance  of  holidays  to  (23  Stat.  L.,  516;  24  Stat.  L., 

644) 295-2J 

salaries,  by  classes  (R.  S.,  167,  168) 2{- 

transfer  to  Census  OfRce  and  return  to  departments,  without  ex- 
amination (36  Stat.  L.,  3) 2^ 

transfers,  provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat.  L., 

3) , 281-282,  L'J 

unauthorized  payment,  prohibition  and  penalty  (22  Stat.  L.,  255: 

37  Stat.  L.,  414) 284-2!: 

Weather    Bureau,    appointment,    promotions,    changes,    etc.    (26 

Stat.  L.,  653;  28  Stat.  L.,  264,  727) 3&-c 

Entomological  work,  transfer  to  Agriculture  Department  (21  Stat.  L.,  276) If 

Entomologist,  requirement  for  Entomology  Bureau  chief  (33  Stat.  L.,  276) li 

Entomology  Bureau,  appropriations  changed  from  Entomology  Division  (32 

Stat.  L.,  303) ]| 

chief,  authorization  and  requirement  (33  Stat.  L.,  276).       If" 

general  expenses  (37  SUit.  L. ,  269) 200-_'( 

laws  affecting 198-2t 

salaries  (37  Stat.  L.  269) 2( 

Envelopes,  franked,  frandulcnt  use,  penalty  (35  Stat.  L.,  1134) 3'; 

ollicial,  business  addre,><.s  forbidden  (28  Stat.  L.,  624) 'M 

contracts  by  Postmaster  General  (28  Stat.  L.,  624;  34  Stat. 

L.,476) 379-3> 

provision  and  endorsement  of  penalty  (19  Stat.  L.,  336) 37 

penalty,  inclosure  with  return  addrac«  (22  Stat.  L.,  563;  23  Stat. 

L.,  158) : 379,  3,^ 

Ht;impo<I,  exception  from  printing  limitation  (34  Stat.  L.,  762) 3] 

Eatimatefl,  annual,  inclusion  in  liook  of  Estimates  (32  Stat.  L.,  286;  36  Stat. 
L.,416) : 17,] 


il 


INDEX.  415 

^  I  Fags. 

f  '  Estimates,  annual,  order  of  arrangement  to  follow  preceding  acts  (32  Stat.  L., 

28(i).. 17 

Book  of,  exemption  of  meat-insj)e("tion  and  insecticide  act  employees 

from  ewtimatei  (37  Stat.  L  .  2119) 18 

iuchision  of  agriculture  estijniites  (32  Stat.  L.,  286;  3G  Stat. 

L.,41(i) 17,18 

preparation  and  contents,  provisions 308-314 

.  ..  report  of  cL'rks'  servicea,  pay,  etc.  (32  Stat.  L.,  286;  36  Stat. 

t  L.,416) 17,18 

I  I  communication  to  Congress,  methods,  etc.  (R.  S.,  3360,  3369;  23 

»  Stat.  L.,254) 308,309 

I  Forest  Service,  expenditures,  submitted  by  Secretary  (34  Stat.  L., 

J  I  669) 94 

receipts  and  expenditures,  repeal  of  act  requiring 

(36  Stat.  L.,  1235) 17-18 

regulation  of  making,  etc 308-316 

i  I  salaries  for  department  ofRcers.  clerks,  etc.,  inclusion  in  Book  of 

H  Estimates  (36  Stat.  L.,  416) 18 

I  I  Evidence,  copies  of  books,  records,  papers,  etc.  (R.  S.,  882) 378 

r|  I  Examination,  for  appointment  or  promotion,  necessity  ana  exceptions  (R.  S., 

I  [      164:  22  Stat.  L.,  406) 276,  278 

t  \  Examinations,  competitive,  to  be  held  by  Civil  Service  Commission  (22  Stat. 

!  i  L  ,  403) 277 

noncompetitive,  by  Civil  Service  Commi.-^sion  (22  Stat.  L.,  403).       277 
,  requirement  for  appointment  to  department  clerksliips  (R.  S., 

4  (  164;  22  Stat.  L.,  406) 276,  278 

j  I  Exchange,  funds,  re.striction  and  penalty  (R.  S..  3651) 346 

1  li  Executive  department,  creation  of  Department  oi"  Agriculture  (25  Stat.  L.,  659).  9 

i  definition  of  term  (R    S.,  158.  159).  . .--.:•-   lO-H 

Departments,  closing  in  honor  of  deceased  ex-oHicials,  proliibition 

(27  Stat.  L.,  715) 292 

^  .  heads,  compensation  (34  Stat.  L.,  993) 283 

I  i  officers'  annual  reports,  form  of  printing  (28  Stat.  L.,  623) 317 

prohibition  of  emplovment  of  clerks,  agents,  etc.,  without 

law  (19  Stat.  L.,  169) 284 

orders,  breeding  reservations  for  game  and  birds,  establishment  and 

J  1  enlargement 210-224 

T  See  also  Proclamations. 

I  j  Exhibit,  Fifth  National  Corn  Expot^ition.  appropriation  (37  Stat.  L..  269) 32-33 

» i  International  Dry  Land  Congress,  Canada,  appropriation  (37  Stat.  L., 

269) 32 

, .  Expenditures,  department,  estimates  and  ref>orts,  requirements,  repeal  (36 

Stat.  L.,  1235)..... 17-18 

estimate's,  communication  to  Congress  (R.  S.,  3360) 308 

excess  of  appropriations,  prohibition  (R.  S..  3679;  25  Stat.  L., 

!                                  941;  35  Stat.  L.,  1027) 316-317,318,360 
Forest  SerAice,  1900  to  1910,  statement,  preparation  (36  Stat. 
L. ,  1265) 172-173 

report  by  Secretary  (R.  S.,  529) 16 

Expensea,  Animal  Industry  Bureau  (37  Stat.  L.,  269) - .  72-73 

attendance  on  associations  or  conventions,  authorization,  and  restric- 
;  tions  (37  Stat.  L.,  488) 287-288 

I I  Experiment  stations,  establi.sihment  (24  Stat.  L.,  440) 245 

1 1  financial  statement,  form  (37  Stat.  L.,  297) 251 

I  laws  relating  to 245-253 

I  Office,  appropriations  for  1913  (37  Stat.  L.,  269) 254-256 

f  Director,  annual  report,  authorization  (33  Stat.  L., 

J  590) 253-254 

'  laws  affecting 237-256 

i  separate  from  agricultural  colleges,  rights  to  funds  (24 

"  ^tat.L.,441).    247-248 

ICxperimental  Farm,  Arlington,  authorization  of  use  (31  Stat.  L.,  135;  32  Stat. 

L.,  286) 26-27 

Exportation,  diseased  live  stock,  prevention,  authority  (23  Stat.  L.,  32) 43 

Exports,  animals,  inspection,  duty  of  Secretary  of  Agriculture  (26  Stat.  L.,416).        50 

.  I  maat,  inspection  requirements  (34  Stat.  L.,  1256) 64-65 

''l    Extortion  by  oflicials  or  pretended  officials  <35  Stat.  L.,  1104) 300 


li 


416        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 


Page 

Factories,  renovated  butter,  report  (3'J  Stat.  L.,  193) 60 

sanitary  inspection  (37  Stat.  L.,  269) 60 

False  acknowledgment  by  oflicer,  penalty  (35  Stat.  L.,  1094) 333 

c  jrtificate,  punishment  (35  Stat.  L. ,  J 107) 301 

crop  reports  (35  Stat.  L.,  1111) 304 

entries  in  accounts,  records,  etc.,  penalty  (36  Stat.  L.,  1355) 355 

papers,  possession  fraudulent,  penalty  (35  Stat.  L.,  1094) 349 

personation  of  creditor  of  United  States,  penalty  (35  Stat.  L..  1095) 349 

Family  in  puldic  service,  limitation  of  (22  Stat.  L.,  406) 278-279 

Farallon,  (al..  breeding  reservation  for  birds,  establishment 221-222! 

Farm  buildings,  experiment  work,  limitations  (37  Stat.  L.,  269) 82,  "' 

products,  marketing  systems,  reports,  authorization  (37  Stat.  L.,  295). .  232-r 
Farmers'  bulletins,  allotments,  notification  of  Members  of  Congress,  etc.  (34 

Stat.  L.,  690) 231 

printing  and  binding,  appropriations  for  1913  (37  Stat.  L., 

482) 229-2; 

quotas  uncalled  for,  disposition  (34  Stat.  L.,  690) 2 

exemption  from  meat-inspection  act  (34  Stat.  L.,  1256) 6' 

inspection  regulations  for  live  stock  and   meats  (26 

Stat.  L.,  1090j 5' 

Feeding  experiments,  etc.,  appropriation  (37  Stat.  L.,  269) !• 

Fees,  couni^el,  restrictions  (R.  S.,  365) 38' 

court,  purchasing  at  less  than  face  value  (35  Stat.  L.,  1107) 30! 

land  officers  (12  Stat.  L.,  505) 2' 

meml)ership,  societies  or  conventions,  disallowance  unless  authorized  by 

law  (37  Stat.  L.,  184,  488) 287-21 

Fence  breaking,  public  lands,  penalty  (35  Stat.  L.,  1099) 10' 

Fences,  erection  on  international  boundary  lines  for  exclusion  of  diseased 

animals  (36  Stat.  L.,  416) 51 

Field  workers.  Secretary  authorized  to  advance  money  to  (32  Stat.  L.,  286). . .         21 
Files,  department.  Secretary  authorized  to  sell  as  waste  paper  (34  Stat.  L.,  1256)  _     2\ 

newspaper,  provisions  (II.  S.,  192;  34  Stat.  L.,  449) 375-371 

Fire  protection,  forest  watersheds,  cooperative  work  (36  Stat.  L.,  961) 91 

trespass,  public  lands,  penalty  (35  Stat.  L.,  1098) 1" 

Fires,  fignting,  national  forests,  appropriations  (37  Stat.  L.,  269) 182, 1 

money  advances,  authority  (35  Stat.  L.,  251).       17 

public  lands,  failure  to  extinguish,  penalty  (35  Stat.  L.,  1098) V 

Fiscal  agents,  expenses  in  handling  public  moneys  (R.  S.,  3653;  22  Stat.  L., 

312) 346-34' 

year,  commencement  (R.  S.,  237) 33 

Fisheries,  Commissioner,  aid  of  heads  of  departments  (R.  S.,  4397) 307 

Flagstaff,   Ariz.,   pipe  line,  right  of  wav  through  San  Francisco  Mountains 

Forest  Reserve  (31  Stat.  L.,  657) " 156 

Flattery  Rocks,  Wash.,  breeding  reservation  for  birds,  establishment 213 

Florida,  timber  protection  and  preservation  (R.  S.,  2460) 10:5 

Fly,  fruit,  Mediterranean,  quarantine  (37  Stat.  L.,  317) 267 

"Flying  foxes,"  importation  prohibited  (35  Stat.  I...  1137) 203 

Food,  adulterated,  penaUy  for  importing  (26  Stat.  L.,  415) 184 

adulteration,  defined  (34  Stat.  L.,  769) 190 

and  drugs  act,  date  effective  (34  Stat.  L.,  772) 194 

enforcement,  approjiriation  (37  Stat.  L.,  288) 1915 

reguhitions  (34  Stat.  L.,  768) 188 

misbranding,  defined  (34  Stat.  L.,  769) 191-192 

products,  false  branding,  prohibition,  and  ix'ualty  (32  Stat.  L.,  632)..   186-187 
supplies,  co.st  at  farm  and  tocon.snmer,  study  l)v  Secrotarv(37  Stat.  L.,269).  14-15 

term  defined  (34  Stat.  L.,  769) '. '. 189 

Foods,  adulterated,  forfeiture  of  imported  (26  Stat.  L.,  415) 184-185 

importation  prohibited,  and  penalty  (26  Stat.  L.,  415) 184 

inspection  provi.^ions  (34  Stat ..  li.,  669) 185-186 

interstate  and  foreign  lomnicrce,  prohibition  (34  Stat.  L., 

768) : 187-188 

manufacture,  penalty  (34  Stat.  L..  768) 187 

or    misbranded,   certificate    of    A'jrriculture    Secretary  to 

United  States  Attorney  (34  Stat,  L..  769) 188-189 


I 


INDEX.  417 

Paee. 
Foods,  adulterated,  or  niisbranded,  notice  to  owners  l)y  A<i:riculture  Secretary 

(34  Stat.  L.,  (JGH/Tti'J) 185-186,"l88-189 

seizure,  j)ro<edure,  etc.  (34  Stat.  L.,  771).   192-193 
composition,  invest ijjat ion  by  Chemistry  Hureau  (34  Stat.  L.,  769)..  188-189 

importations,  examination  of  .samples,  etc.  (34  Stat.  L.,  669,  772) 185-186, 

193-194 

inspection  provisions  (34  Stat.  L.,  669) 185-186 

invest itjat ions  bv  (Miemi.strv  15ureau  (34  Stat.  L.,  769) 188-189 

misbraiuled,  defined  (34  Stat.  L.,  769) 191-192 

inspection  provisions  (34  Stat.  L.,  669) 185-186 

misbrandins;,  penalty  (34  Stat.  L.,  632,  669) 185-188 

Foot-and-mouth  disea.-*e,   suppression,   authority  of  Secretary  of  Agriculture 

(32  Stat.  L..  291) 45-46 

Forest  fires,  figlitinp;,  appropriations  (37  Stat.  L.,  269) 182, 183 

See  also  Fires. 

investigations,  cooperative  work,  disposal  of  contributions 94 

national,  appropriations  for  salaries,  field  and   station  expenses,  1913 

(37  Stat.  L.,  269) 175-183 

officials,  selection  (33  Stat.  L.,  628) 171 

protection,  cooperation  of  States  (36  Stat.  L.,  961) 98 

Reservation  Commission,  National,  creation,  duties,  etc.  (36  Stat.  L., 

962,  963) 99,101 

reservations,  boundaries,  establishment  (30  Stat.  L.,  1074) 86 

certain  States,  suspension  of  order  of  withdrawal  (30  Stat. 

L.,  34) 87 

establishment  authority  of  President  (26  Stat.  L.,  1095) 87 

exempted  from  mining  laws  (27  Stat.  L.,  348) 142 

See  also  Forests,  national. 

reserves,  designation  as  national  forests  (34  Stat.  L.,  1256) 87 

purposes  and  protection  (30  Stat.  L.,  34) 88 

transfer  from  Interior  Department  to  Department  of  Agricul- 
ture (33  Stat.  L.,  628) 86 

See  also  Forests,  national. 
Service,  administrative  site  exempted  from  mining  laws  (35  Stat.  L.,  465).       142 
appropriations  changed  from  Forestrv  Bvireau  (32  Stat.  L.,  303). .         12 

for  1913(37  Stat.  L.,"269) 173-183 

employees  authorized  to  make  arrests  (33  Stat.  L.,  700) 113 

compensation  for  injuries  (37  Stat.  L.,  74) 169 

expenditures,  1900  to  1910,  statement,  preparation  (36  Stat.  L., 

1265) : ;.., 172-173 

fiscal  matters,  detail  of  officers  of  Accounts  Division  (36  Stat.  L., 

1258) 228 

free  use  of  roads,  telephones,  etc.,  on  Los  Angeles  water  works 

right  of  way  (34  Stat.  L.,  801) 158 

laws  affecting 86-183 

officials,  to  aid  in  enforcement  of  laws  (35  Stat.  L.,  251) 114 

photographic  prints,  maps,  etc.,  sale  (34  Stat.  L.,  1270) ....       172 

receipts  and  disbursements,  estimates,  repeal  of  law  requiring 

(36  Stat.  L.,  1235) 17-18 

relation  to  use  of  right  of  way  by  Edison  Electric  Co.  (34  Stat. 

L.,  167) 168 

Forester,  appointment  as  chief  of  bureau  (31  Stat.  L.,  922) 86 

authority  to  direct  timber  cutting  on  certain  Indian  reservations  (32 

Stat.  L.,  400;  35  Stat.  L.,  270).. 114-116,120 

Forestry  Bureau,  establishment  (32  Stat.  L..  286) 11-12,86 

Division,  reorganized  as  Forestry  Bureau  (32  Stat.  L.,  286) 11-12 

Forests,  national,  California,  description,  changes,  and  provisions  of  law 125-131 

homestead  entries,  provisions,  etc 137-141 

laws  affecting ^ 86-168 

name  for  fore-st  reserves  (34  Stat.  L.,  1256) 87 

rights  of  way  of  electric  power  companies  (28  Stat.  L.,  635; 

31  Stat.  L.,  790;  136  Stat.  L.,  1235) 142-143,145 

salaries,  and  field  and  station  expenses  (37  Stat.  L.,  269)..  175-181 

71657—13 27 


418        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page 

Forgery,  inspection  marks  (34  Stat.  L.,  1256) 6-^ 

meat  inspection  marks,  penalty  (26  Stat.  L.,  414,  1090) 53,  54, 5t 

Forging  bonds,  bids,  etc.,  to  defraud  United  States,  penalty  (35  Stat.  L.,  1094).  348-34^ 

Forrester  Island,  Alaska,  breeding  reservation  for  birds,  establishment 222-22c 

Fort  Wingate  military  reservation  made  part  of  Zuni  National  Forest  (37  Stat. 

L.,  269) 13; 

Franking,  provisions  of  law 378-381 

Franks,  laws  affecting 378-38] 

lending  to  committees,  organizations,  etc.  (34  Stat.  L.,  477) 38. 

seed,  printing  (32  Stat.  L.,  741) 7^ 

Frauds,  investigation,  oaths  administered  by  officer  detailed  (R.  S.,  183) 29: 

Fruit  fly,  Mediterranean,  quarantine  (37  Stat.  L.,  317) 26'. 

P>uits,  qi'arantine  regulations  (37  Stat.  L.,  317) 265-26; 

Fuel,  certificate  of  inspector  (R.  S.,  3713) .• 32 

inspection.  District  of  Columbia  (R.  S.,  3711 ) 323-32- 

proposals,  advertisement,  requirements  (28  Stat.  L.,  62;  36  Stat.  L.,  531).     322- 

32: 
Fund,  special,  money  received  from  sale  of  forest  products,  etc.  (33  Stat.  L., 

628,  669) 93-9-; 

Funds,  agricultural  colleges,  limitation  (12  Stat.  L.,  504;  26  Stat.  L.,  418). . . .  239. 24: 

exchange,  restriction  and  penalty  (R.  S.,  3651) 34( 

experiment  stations,  misapplication  (34  Stat.  L.,  63) 25( 

from  lease  of  ground  in  forest  reserves,  disposition  (30  Stat.  L.,  908). . .       14i 

public,  trading  in,  penality  (35  Stat.  L.,  1107) 35- 

Fungicide,  definition  and  adulteration  or  misbranding  (36  Stat.  L.,  331) 259-26 

Fungicides,  adulterated  or  misbranded,  seizure  and  proceedings  (36  Stat.  L., 

334) 261-26: 

adulteration    and    misbranding,    prohibition    and    penalties    (36 

SUit.  L.,  :331) 257-258,  261-26: 

interstate  or  foreign  commerce,  regulations  (36  Stat.  L.,  331) 257-25 

specimens,  examination,  notice  of  adulteration,  etc.  (36  Stat.  L., 

332) 258-25 

F'urniture,  new  buildings,  in  accordance  with  specifications  (35  Stat.  L..  327). .       35 

purchase  from  contiiigent  fund,  authority  for  (37  Stat.  L.,  269) 2 

use,  though  not  corresponding  to  regulation  plan  (37  Stat.  L.,  433). .       35 

Game,  Alaska,  killing  for  shipment  prohibited  (35  Stat.  L.,  102) 204-20 

season,  number,  etc.  (35  Stat.  L.,  102-103) 205-20 

open  season  for  certain  animals  and  birds  (35  Stat.  L.,  102;  86 

Stat.  ]>.,  1360) 205.20 

animals,  Alaska,  hunting  licenses,  requirements,  etc.  (35  Stat.  L.,  103).  206-20 
foreign,   transportation  of  bodies,   State  laws  applicable  (31 

Stat.  L.,  188) 202-20 

term  defined  (35  Stat.  L.,  102) 204-20 

birds,  Ala.ska,  open  season,  extension  (36  Stat.  L.,  1360) 20 

term  defined  (35  Stat.  L.,  102) 204-20 

See  also  liirds. 
breeding  reserves  in  national  forests  (33  Stat.  L.,  614;  34  Stat.  L.,  607, 

3062,  :«63;  35  Stat.  L.,  2192) 110-1. 

laws,  Alaska,  violations,  penalties,  exemptions,  etc.  (34  Stat.  L.,  536; 

35  Stat.  L.,  102-105;  :}6  Stat.  L.,  1360) 204-2C 

licenses,  Alaska,  cost  (35  Stat.  L.,  103) 2( 

requirements  (:r)  Stat.  L.,  103) 206-2( 

preserve,  Kenai  Peninsula,  hunting  prohibited,  penalty,  etc.  (35  Stat. 

L.,  102,  103) '. 206.  2( 

See  also  (lanie  reserve. 

products,  Alaska,  .sale,  restrictions,  etc.  (35  Stat.  L.,  103) 21 

protection,  national  forests  (:}3  SUat.  L.,.614;  34  Stat.  L.,  607,  3062,  3263; 

35  Stilt.  L.,  2192) IKM 

refuge  in  Wichita  Forest  Resers-e  (33  Stat.  L.,  614;  34  Stat.  L.,  3062). .   110-1 
Reserve,  Wind    Cave    National,    establishment   in    South    Dakota    (37 

Stat.  L.,  293) 2: 

winter,  for  elk,  eatabli.shment  in  Wyoming  (,37  Stat.  L.,  293). .       2: 
Gardens  and  Grounds  Division,  reorganization  into  Plant  Industry  Bureau  (32 

Stat   L. .  286) 11- 

Genoral  Supply  Committee,  membership  and  duties  (36  Stat.  L.,  531) 322-3: 


INDEX.  419 

PascL 

olojjical  Survey,  Director,  supervision  over  eBLablishnuut  of  hoiindarica  of 

forest  reservations  (30  Stat.  L.,  1074) 88 

maps  and  rharts  distribution  (29  Stat.  L.,  701) 375 

ifts,  otricial,  prohibition  (34  SUit.  L.,  1256;  R.  S.,  1784) 66-67,291 

.  uineries,  owners  required  to  furnish  information  concerning  cotton  (37  Stat.  L., 

19S). 234 

lats.  inspection  before  slaughter  for  intei-state  and   foreign  commerce  (34 

StJt.  L.,  1256) Gl 

Sec  also  Live  stock. 

iovernment,  not  to  pay  premium  on  surety  bonds  (36  Stat.  L.,  125) 298 

Printing  Ollice,  transfer  of  emi)loyees,  and  exceptions  (36  Stat.  L., 

770) 282-283 

publications.     See  Documents,  public, 
ivernor,  State,  assent  to  grant  of  money  for  experiment  stations  (25  Stat.  L., 

176) 248 

.lades,  cotton,  establishment  of  standards  (35  Stat.  L.,  ^51) 79 

Irading,  ajjple,  for  interstate  or  foreign  shijiment  (37  Stat.  L.,  250) 80 

seed  and  grain  laboratories.  establi.-ihnient  (35  Stat.  L.,  251) 79 

irain  samples,  examination  and  report,  authorization  (35  Stat.  L.,  251) 79 

'  '  seed,  adulterated,  prohibition  of  importation  (37  Stat.  L.,  506) 77-78 

and  Canvon  Forest  Reserve,  game  refuge  (34  Stat.  L.,  607,  3263;  35  Stat.  L., 

2192) 111-113 

right  of  way  to  Santa  Fe  &  Grand  Canyon  Ry. 

.  i  Vo.  (30  Stat.  L.,  418) 153 

'  'jlrass  seed,  adulterated,  prohibition  of  importation  (37  Stat.  L.,  506) 77-78 

mixtures,  exclusion  from  adulterations  (37  Stat.  L.,  506) 78 

seeds,  adulteration,  tests  (33  Stat.  L.,  276;  37  Stat.  L.,  269) 77, 83 

stations,  experimental,  cooperation  of  experiment  stations  (33  Stat.  L., 

■  869) • 252 

^    Jrazing  trespass,  public  lands,  penalty  (35  Stat.  L.,  1099) 106-107 

I    jreat  Britain,  slaughter  of  American  cattle  at  port  of  entry,  abrogation  of 

order,  means  of  securing  (30  Stat.  L.,  7) 52 

Plains  area,  experimental  farm,  appropriation  (37  Stat.  L.,  269) 84 

jireen  Bay,  Wis.,  breeding  reservation  for  birds,  establishment 224 

'  'Irounds  outside  of  Washington  citv,  disbursement  of  funds,  compensation  (22 

i  Stat.  L.,  306) '. 347 

^  jiuaranty  companies,  not  to  be  required  on  bonds  (28  Stat.  L.,  279) 298 

4  I  insecticides  and  fungicides,  form  (36  Stat.  L.,  334) 261 

protection  to  dealer  under  food  and  drugs  act  (34  Stat.  L..  771) 192 


i; 


'i  llamey  National  Forest,  exchange  of  lands  with  Black  Hills  National  Forest 

(37  Stat.  L.,  192) 135 

timber  removal,  permission  and  limitation  (37  Stat.  L., 

269) 92 

1  llawaiian  Islands,  breeding  reservation  for  birds,  establLshment 218-219 

H  I  franking  privilege  extended  to  (30  Stat.  L.,  966) 380 

;Iazy  Islands,  Alaska,  breeding  reservation  for  birds,  establishment 223 

jleating  apparatus,  new  building,  authorization  (32  Stat.  L.,  806) 27,  28 

H  ilides,  imi)orts  prohibiteil  (36  Stat.  L..  11) 51 

'logs,  importation  of  diseased,  prohibition  (26  Stat.  L.,  141) 48-49 

!^  quarantine  laws 45-52 

f  '  ipspection  before  and  after  slaughter  for  interstate  commerce  (26  Stat.  L., 

1090) 55-56 

See  also  Live  stock;  Swine, 
•lidays,  allowance  to  per  diem  employees  (23  Stat.  L.,  516;  24  Stat.  L.,  644).  295-296 

exclusion  from  annual  leave  (30  Stat.  L.,  890) 294 

legal.  District  of  ("obimbia  (R.  S.,  993;  20  Stat.  L.,  277;  25  Stat.  L., 

185,  .353;  28  Stat.  L.,  96) 294-295 

falling  on  Sunday  (22  Stat.  L.,  1) 295 

I'-mestead  claims,  effect  of  rights  of  way  to  Los  Argeles  waterworks  (34  Stat. 

L.,  801) : 158 

entries,  agricultural  lands  in  national  forests,  provisions,  etc 137-141 

national  forests.  leinstatoment  (36  Stat.  L.,  1084) 140 

relation  to  withdrawal  for  forest  reserves,  etc.  (36  Stat.  L., 

847) 97 


420        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Pag, 
Homestead  entry,  agricultural  lands.   Indian  reservations  (32  Stat.  L.,  400; 

SoStat.  L.,  272;  36  Stat.  L.,  855) 115,121,12 

lands,  reversion  to  jurisdiction  of  State  (36  Stat.  L.,  962) 10 

Homesteads,  sale  allowed  on  agricultural  lands  acquired  under  the  Weeks  law 

(36  Stat.  L . ,  962) 10 

Horse  meat,  iii.-<po(tion  for  human  consumption  (32  Slat.  L..  1147) 5 

Horses,  inspection  before  slaughter  for  human  consumption  (32  Stat.  L.,  1147) . .        5 

use  by  officers,  restrictiors  on  payment  for  (33  Stat.  L.,  142) 305-3C 

See  also  Live  stock. 

Horticultural  Board,  Federal,  appointment  and  duties  (37  Stat.  L..  319) 268-2( 

information  from  consuls  in  foreign  countries,  use  in  department 

publications  (R.  S.,  1712,  1713) 5 

Hotel  sites,  forest  reserves,  lease  (30  Stat.  L.,  908) 145-1^ 

Hunting,  Alaska,  restrictions  (35  Stat.  L.,  103) 206-2( 

licenses,  Alaska,  cost  (35  Stat.  L.,  103) '. 2( 

on  game  refuge,  prohibition  and  penalty  (33  Stat.  L.,  614;  34  Stat.  L., 

607) 110,11 

Huron  Islands,  Mich,,  breeding  reservation  for  birds,  establishment 211-2! 

Hydrographic  Office,   Navy  Department,  data  to  be  furnished  by  Weather 

Bureau  (36  Stat.  L.,  508).. : 

Hygienic  Laboratory,  appointment  of  animal  industry  expert  on  ad\'isory 
board  (32  Stat.  L.,  712) 

Ice  proposals,  advertisement,  requirements  (28  Stat.  L.,  62;  36  Slat.  L.,  531). .  322-3: 
Idaho,  forest  reservations,  suspension  of  withdrawal  from  public  domain  (30 

Stat.  L.,  34) 

reserves,  limitation  of  creation  (34  Stat,  L.,  1256;  36  Stat.  L,, 

847) 91-92, 

timber  cutting  for  mining  and  domestic  purposes,  permit  (20  Stat.  L,, 

88) 1 

Identification  marks,  inspected  meats,  destruction,  alteration,  etc.,  penalty 

(26  Stat.  L.,  1090) 54, 

Illustration  facilities,  accessibilitv  to  investigators  and  students  at  Washington, 

D.  C.  (27  Stat.  L.,395) ". 28- 

Illustrations,  preparation  for  publications  (28  Stat.  L.,  621) 363-3 

Yearbook  (Secretary's  report,  pt.  2),  supervision  of  Public  Printer 

and  Joint  Committee  on  Printing  (28  Slat.  L.,  601) 

Importation,  adulterated  food,  drugs,  or  liquors,  prohibition  and  penalty  (26 

Stat .  L.,  415) '.....       ] 

nursorv  stock,  regulations  (37  Stat.  L.,  315) v 264-2 

seeds,  regulations  (37  Stat.  L.,  506,  507) 77- 

Importations,  adulterated  articles,  inspection  (34  Stat.  L.,  669) 185- 

suspension  (26  Stat.  L.,  415) 1 

8U8pen.sion  by  order  of  President  (26  Stat.  L.,  415) J 

Imported  plants,  exemption  from  duty  (36  Stat.  L.,  11) 

Import.^,  animals,  in,s])oftion,  duty  of  Secretary  of  Agriculture  (26  Stat.  L.,  416). 

Inclosures,  unlawful,  removal  authorization  (23  Stat.  L.,  322) 1 

Index,  public  documents,  preparation  by  superintendent  of  documenta  (28 

Stat.  L.,  610) .' 

Stalulesal  Large,  printing,  binding,  and  distribution  (34  Stat.  L.,  1398).      : 

Indian  burial  ])laces,  national  forests,  ])rotection  (35  Stat.  L..  272) 

Key,  Florida,  breoijiug  reservation  for  birds,  establi.shment ! 

lands  excluded  from  Jiational  forests,  relation  of  United  States  (35  Stat. 

L..272) 

reservation,  Menominee,  Wis.,  logging  permit  (36  Stat.  L.,  1058) 

reservations,  agricultural  lands  o])en  to  homestead  eutrv  (32  Stat.  L., 

100:  35  Stat.  L.,  272;  36  Stat.  L.,  855)...'. 115,121, 

exempted  from  railroad. act  of  March  3,  1875  (18  Stat.  L., 

483) 

timber  cutting,  limitations,  etc.  (32  Stat.  L.,  400;  35  Stat. 

I>. ,  270) 114-116, 

Indians,  allotments  wiiliiji  naii(nuil  forests  (3()  Slat.  L.,  863) 

lieu  allotments  out.side  of  national  forests  (35  Stat.  L,,  271) 

Injunction  to  slay  distress  warrant  (K,  S,,  3636,  3637) 

Injuries,  employees,  crmipen.sation  (35  Stat.  L.,  556-558;  37  Stat,  L,,  74).  169, 170, 

Insoct  pests,  importation  prohibited  (33  Stat.  L,.  1269) 198- 

inlerslate  transportation  prohibited  (33  Stat.  L.,  1269) 198- 


INDEX.  421 

Fag*. 

ect  peeta,  parrels  ciMitaining,  nonmailable  (iW  Stat.  L.,  1270) 199 

transportation  for  scieiuilic  jxirposes  {'.i'S  Stat.  L.,  J270) 19* 

violation  of  act,  penalty  (33  Stat.  L.,  1270) 199-20© 

ecticideact,  1910  (36  Stat.  L.,  331) 257-263 

employees,  exemption  from  estimates  in  Hook  of  Estimates 

(37  Stat.  L.,  269) 18 

enforcement  (36  Stat.  L.,  331;  37  Stat.  L.,  300) 258,262,263 

definition,  and  adulteration  or  misbrandijig  (36  Slat.  L.,  331)..  259-261 
adulteration  and  misbranding,  prohibition  and  penalties  (36  Stat. 

L.,  331) 257-258,  261-262 

adulterated  or  misbranded,  seizure  and  proceedings  (36  Stat.  L., 

334) 261-263 

interstate  or  foreign  commerce,  regulations  (36  Stat.  L.,  331) 257-258 

specimens,  examination,  notices  of  adulteration,  etc.  (36  Stat.  L., 

332) 258-259 

ects,  beneficial,  investigation,  introduction,  etc.  (37  Stat.  L.,  269) 200-201 

iave.'^tigations,  appropriations  (37  Stat.  L.,  269) 200-201 

quarantine  regulations  (37  Stat.  L.,  317) 265-268 

pection,  animals,  imports  and  exports,  dutv  of  Secretary  of  Agriculture  (26 

Stat.  L.,  416) ■ 5a 

work  of  Bureau  of  Animal  Industry'  (32  Stat.  L.,  291) 45-46 

books,  papers,  etc.,  of  disbursing  oflicers  (29  Stat.  L.,  550) 339 

cattle,  for  export  (26  Stat.  L.,  1089,  1090). 55 

certificate  required  on  imported  nursery  stock  (37  Stat.  L.,  315). .  264,  265 

expenses,  chargeable  to  owners  (26  Stat.  li.,  416) 50-51 

live  stock,  chargeable  to  owners  (26  Stat.  L.,  416) 50-51 

fuel.  District  of  Columbia  (R.  S.,  3711)..... 323-324 

live  stock  before  slaughter  for  interstate  commerce  (26  Stat.  L., 

1090) 55-56 

meats,  etc.,  appropriation  (34  Stat.  L.,  669) 68 

regulations  bv  Secretary  of  Agriculture  (33  Stat.  L., 

1265) " 47 

marks,  forgerj',  alteration,  etc.,  forbidden  (34  Stat.  L.,  1256) 64 

meat  exports,  waiving  under  certain  conditions  (32  Stat.  L.,  1147).        58 

meats  for  export  (26  Stat.  L.,  414) 53-54 

plant,  regulations,  duty  of  Secretary  (37  Stat.  L.,  317) 267 

regulations,  exemption  of  farmers  and  retailers  (34  Stat.  L.,  1256). .         67 

pec  tors,  acceptance  of  gifts,  bribes,  etc.,  forbidden  (34  Stat.  L.,  1256) 66 

export  cattle,  appointment  and  duties  (26  Stat.  L.,  1089) 55 

fuel,  appointment,  etc.  (R.  S.,  3711,  3712,  3213) 323-324 

livestock,  appointment,  duties,  etc.  (34  Stat.  L.,  1256) 66 

for  export,  appointment  (34  Stat.  L.,  1256) 64 

meat  food  products,  appointment,  authority,  duties,  etc.  (34  Stat. 

L. ,  1256) 62 

for  interstate  and  foreign  commerce,  appointment  and  duties 

(34  Stat.  L.,  1256) 61,62,63,64,65,66,67 

removal  from  abattoirs,  packing  houses,  etc.,  cause  (34  Stat. 

L.,1256) 61,62 

meats  for  export,  appointment,  etc.  (34  Stat.  L.,  1256) 64-65 

quarantine  stations,  appointment  by  Secretary  (26  Stat.  L.,  416). .         49 
truments  for  scientific  institutions,  etc.,  exempt  from  duty  (36  Stat.  L.,  71, 

4,78) ;  358-35* 

erior  (Agriculture)  Secretarv.  authoritv  to  cut  timber,  Menominee  Indian 

Reservation,  Wis.,  (36  Stat.  L., 

1058) 93 

lease  gnninds  in  forest  reserves 

(30  Stat.  L.,  908) 145-146 

regulate  timber  sale  (30  Stat.  L., 

34,35) 88-89 

permit  of  free  use  of  timber  and  stone  (30  Stat. 

L.,35) 89-90 

report  (.f  withdrawals  of  land  (36  Stat.  L.,847).         98 
Department   free  u.se  of  roads,  tele])hones,  etc.,  on  Los  .\ngeles  water- 
works right  of  way  (34  Stat.  L.,  801) 158 


422        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page 
Interior,  Secretary,  authority  in  exchange  of  land,  Mic  higan  (37  .Stat.  L.,  241).  132-13' 

to  accept  national  monument  sites,  etc.  (34  Stat. 

L.,  225) 10! 

allot  lands  to  certain  Indians  (36  Stat.  L.,  863).      12: 
bring  suits  for  unlawfid  indosures  (23  Stat.  L., 

322) 10 

exchange  public  for  private  lands  (35  Stat.  L., 

42;  36  Stat.  L.,  960;  37  Stat.  L.,  200) 134,13 

grant  rights  of  way  to  electric  power  companies, 

etc.  (28  Stat.  L.,  635;  31  Stat.  L.,  790)....  142-14 
purchase  lands  relinquished  by  Indians  (35 

Stat.  L.,  271) 12 

(Jfiicial  Register,  publication  and  distribution  (28  Stat.  L., 

617) 37 

reports  on  land-grant  appropriations  (26  Stat.  L.,  419) 24 

to  pay  expenses  of  timber  cutting,  Indian  reservations  (32 

Stat.  L.,  400) 11 

with  other  Secretaries,  control  of  national  monuments  (34 

Stat.  L.,  225) 11 

withholding  certificate  of  appropriation  for  colleges  (26 

Stat.  L.,  419) 24 

Interstate  shipment,  nursery  stock  and  other  plants,  regulations  (37  Stat.  L., 

315) 264, 26 

Intoxicants,  restriction  of  use  by  employees  (22  Stat.  L.,  406) 27 

Inventions,  patents  to  officials  (22  Stat.  L.,  603) 30 

InvcntDries,  public  property  (R.  S.,  197) 35 

Irrigation  canals  and  ditches,  right  of  way,  public  lands  (26  Stat.  L.,  1101-1 102; 

30  Stat.  L.,  404) 149-15 

investigations,  1913,  appropriation  (37  Stat.  L.,  269) 25 

cooperation  of  experiment  stations  (34  Stat.  L.,  694)..      25 
works,  construction,  use  of  earth,  stone,  etc.,  from  forest  reserves  (33 

Stat.  L.,  706) 14 

I.sland  Hay,  Fla.,  breeding  reservation  for  birds,  establishment 217-21 

Items,  new  or  unusual,  explanations  in  estimates  (R.  S.,  3664) 31 


>; 


Judgments,  department  cases  in  Court  of  Claims,  payment  methods  (36  Stat. 

L.,  1138) 3 

set-offs  or  counterclaims  (36  Stat.  L.,  1137) 3' 

Jurisdiction,  civil  and  criminal,  national  forests 

Court  of  Claims  (^6  Slat.  L.  1136) 386-3^ 

over  persons  on  lands  purchased  under  Weeks  law  (36  Stat.  L., 

963) K 

Juror,  United  States,  bribe  receiving  (35  Stat.  L.,  1112) 3f 

Jury  duty,  exemption  of  United  States  officials  (31  Stat.  L..  1189) 3( 

Justice,  Department,  aid  to  Secretary  in  law  proceedings  (R.  S.,  187.  189,  361, 

364) 384, 385,  Zi 

supplv  of  all  l<>gal  .sc^rvices  required  bv  other  departments 
(R.'S.,  189,  361;  25  Stat.  L.,  939)..' 3f 

Kachess  Lake,  Wash.,  breeding  reservation  for  birds,  establishment 

Kansas  National  Forest,  consolidation  by  exchange  of  lands  (36  Stat.  L.,  960). .  1 

Kef'cholus  Lake,  Wash.,  breeding  ros(>rvation  for  birds,  establishment - 

Key  Wost,  Fla.,  breeding  r<>servation  for  birds,  establishment - 

Klamath  Lake,  Oreg.,  breeding  reservation  for  birds,  establi.'^hnient '- 

Labels,  butter,  requirements  (32  Stat.  L.,  193).  . .  * 59 

Labor,  hours  (R.  S.,  3738;  27  Stat.  L.,  340;  37  Stat.  L.,  138) 326-o. 

dei)artnu"ntal(R.  S.,  162;  30  Stat.  L.,  316) 292,292-2! 

in  day,  extension  (30  Stat.  L.,  316) 2! 

Laboratories,  sfod  grading  and  grain  samples,  establishment  (35  Stat.,  L.,  251). 
liiiljoratory,  Ilvgienic,  appointment  of  Animal  Industry  expert  on  advisorv 

l)oard  (32  Stat.  L.,  712) 

Laborer,  day's  work,  eight  hours  (R.  S.,  3738;  27  Stat.  L..  340;    37  Stat.  L., 

137) 326-3: 

Laborers,  ch\aaifiod,  eligible  for  promotion  (34  Stat.  L.,  669) 

department,  placed  in  classified  scrx'ice  (33  Stat.  L.,  861) 


INDEX.  423 

PORC. 

Laborers,  salariis  (R.  S.,  167) 2«J 

transfer  to  claasitii'd  aervico  without  examination  (33  Stat.  L.,  861). .         1!> 

Lake  Malheur,  Orei^..  breeding  reservation  for  birds,  establishment 215-216 

Land  claims.     Si'c  Claims. 

clearing  for  mining  or  agricultural  purposes,  not  unlawful  (20  Stat.  L.,  90; .  104 
grants  to  New  Mexico  and  Arizona,  conditions,  etc.  (36  Stat.  L.,  557). .  136-137 
Otfice,  Coimuissioner,  notification    of    unUuvful    cutting    of    timber    (20 

Stat.  L.,  SS) 141 

supervision  of  establishment  of  boundaries  of  for- 
est reservations  (30  Stat.  L.,  1074) 86 

officers,  fees  for  locating  land  scrip  (12  Stat.  L.,  505) 240 

public,  lieu  selection  bv  settlers  in  national  forests  (30  Stat.  L.,  36;  31 

Stat.  L.,  1010) ." 90, 96 

scrip,  agricultural  colleges,  uses,  conditions,  etc.  (12  Stat.  L.,  503). .  238, 239,  240 

sales,  annual  reports  by  governors  of  States  (12  Stat.  L.,  505) 240 

title,  purchases  of  United  States,  regulations  ( R.  S. ,  355) 384-385 

Lands,  agricultural,  in  forest  reserves,  homestead  entries,  provisions,  etc 137-141 

Indian  reservations,  open  to  homestead  entry  (32  Stat.  L., 

400;  35  Stat.  L.,  272;  36  Stat.  L.,  855) 115,121,122 

national  forests,  restoration  to  public  domain 91 

forest  watersheds,  examination  and  purchase,  provisions  (36  Stat.  L., 

962,  963) 99-101 

mineral,  excepted  from  grants  to  agricultural  colleges  (12  Stat.  L.,  503).       237 

See  aiso  Mineral  lands. 
Olmstead,  N.  ('..  transfer  to  Secretary  of  Agriculture  (37  Stat.  L.,  189).       102 

private,  condemnation  ( 18  Stat.  L. ,  482) 147 

public,  exchange  for  ])rivate  lands  (35  Stat.  L.,  42;  36  Stat.  L.,  960; 

37  Stat.  L.,  200) 134,135 

grant  to  States  for  agricultural  colleges  (12  Stat.  L.,  503;  14 

Stat.  L.,  208;  26  Stat.  L.,  417) 237-244 

increased  appropriation  for  agricultural  colleges,  1890  (26  Stat. 

L.,  417) 241-244 

materials,  use  by  telegraph  companies  (R.  S.,  5264) 144 

occupancv,  unlawful,  prohibition,  and  proceedings  (23  Stat.  L., 

321 ) ...  ■ ."^ 107-108 

railroads  (18  Stat.  L.,  482) 146-148 

rights  of  way  of  electric  power  companies  (28  Stat.  L.,  635; 

31  Stat.  L.,  790;  36  Stat.  L.,  1235) 142-143, 145 

purchase  under  ^\'eeks  law  for  national  forests  (36  Stat.  L.,  963) 101 

selection  for  agricultural  colleges,  management  and  expenses  (12  Stat. 

L.,  504) '. 238 

State,  exemption  from  entry  under  placer  mineral  claims  (27  Stat.  L., 

348) 142 

withdrawal,  authorization  (36  Stat.  L..  847) 97 

Lantern  slides,  sale  by  Secretary  at  cost  (34  Stat.  L.,  1256) 22 

Law  books,  purchase,  restrictions  (30  Stat.  L. ,  316) 319 

clerks,  authority  of  Agriculture  Secretary  to  detail  (36  Stat.  L.,  1235).  ...         12 

enforcement  by  Forest  Service  officials  (35  Stat.  L.,  251) .■■-.-••       ^^^ 

public  i)roperty  in  District  of  Columbia,  application  to  public  buildings 

and  grounds  (27  Stat.  L. ,  325) 362 

Lead  arsenate,  definition,  and  adulteration  (36  Stat.  L.,  331) 259, 260 

Leave,  annual,  authorization  to  extend,  restrictions  (;iO  Stat.  L.,  316) 292-293 

clerks  and  other  employees  (30  Stat.  L.,  316) 292-293 

employees  outside  of  Wa-Hhinglon,  D.  C.  (3.j  Stat.  L.,  251) 22 

exclusive  of  Sundays  and  holidays  (30  Stat.  L.,  890) 294 

excessive,  payment,  prohibition  (30  Stat.  L.,  316) 293 

sick,  account  of  contagious  disease  in  family  (30  Stat.  L.,  316) 292-293 

authorization  (30  Stat.  L.,  653) 293 

relation  to  annual  leave  (30  Stat.  L.,  653) ._ 293 

Leech  Lake  reservation,  timljer  lands,  provisions  (32  Stat.  L.,  400;  35  Stat.  L., 

270) 114-116,120 

Legal  coun.sel.  Justice  Department  to  furnish  to  department  heads  (R.  S.,  189).       384 
holidays.     See  Holidays. 

services,  laws  affecting ■ -  •  384-389 

work.  Agriculture  Department,  under  supervision  of  Solicitor  (36  Stat. 

L.,416) 12 


424        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Fa£e. 

Letters,  official,  free  transmission  (19  Stat.  L.,  335;  23  Stat.  L.,  158) 378,379 

Levy  on  delinquent  officer,  constitutes  lien  (R.  S.,  3629) 340 

Liabilities,  outstanding,  disposal  (R.  S.,  306) 344 

Librarian  of  Congress,  transfer  of  books  from  departments  (32  Stat.  L.,  865) 369 

Libraries,  departmental,  made  depositories  of  public  documents  (28  Stat.  L., 

624) - 371 

public,  books,  injuring,  destroying,  or  stealing  (20  Stat.  L.,  171;  35 

Stat.  L.,  1111) 377 

State  and  Territorial,  designated  depositories,  publications  (28  Stat. 

L.,  610,  614,  620) 368,373,375 

Library,  Congress,  books,  injuring,  destroying,  or  stealing,  penalty  (20  Stat.  L., 

171;  35  Stat.  L.,  1111) 377 

transfer  from  departments  (32  Stat  L.,  865) 369 

public  documents,  quota  received,  etc.  (31  Stat.  L.,  1465)..      370 

use  by  heads  of  departments  (R.  S.,  94) 307 

department,  appropriations  for  1913  (37  Stat.  L.,  296) 237 

in  charge  of  Secretary  (R.  S.,  525) 236 

laws  affecting 236-237 

Public,  District  of  Columoia,  books,  transfer  from  departments  (32 

Stat.  L. ,  865) 369 

work,  detail  of  employees  to  different  bureaus,  etc.  (36  Stat.  L.,  1261) .       237 

Licenses,  hunting  and  shipping,  in  Alaska,  cost  (35  Stat.  L.,  103) 206 

Lieu  allotments,  selection  by  Indians  (35  Stat.  L.,  270) 120 

selection  of  land  by  settlers  in  national  forests  (30  Stat.  L.,  36;  31  Stat.  L., 

1010) 90,96 

selections  of  land,  limitation  (33  Stat.  L.,  1264) 96 

Lieu-land  scrip  not  applicable  in  Sierra  Forest  Reserve  (33  Stat.  L.,  703;  34 

Stat.  L. ,  832) 127, 129 

Liquor,  adulterated  or  misbranded,  seizure,  procedure,  etc.  (34  Stat.  L.,  771)..  192-193 

Liquors,  adulterated,  forfeiture  of  imported  (26  Stat.  L.,  415) 184-185 

importation  prohibited,  and  penalty  (26  Stat.  L.,  415)..       184 

inspection  provisions  (34  Stat.  L. ,  669) 185-186 

See  also  Foods;  Drugs. 

misbranded,  inspection  provisions  (34  Stat.  L.,  669) 185-186 

Live  oak,  destruction  on  lands  reserved  for  use  of  United  States  Navy  (R.  S.. 

2461) .'       103 

stock,  breeding  stock,  imports  free,  conditions  (36  Stat.  L.,  11) 53 

contagious  diseases,  suppression,  authority  to  appoint  agents  (23 

Stat.  L.,  31) 41 

cruelty  in  transit  (34  Stat.  L.,  607) 68-69 

diseased,  exportation,  measures  for  prevention,  authority  (23  Stat. 

L.,  32) 43 

inspection  of  carcasses  for  interstate  and  foreign  com- 
merce (34  Stat.  L.,  1256) 61 

prohibition  of  tran.sportation  (23  Stat.  L.,  32) 43-44 

slaughter  and  inspection  of  carcasses  (34  Stat.  L.,  1256)..        61 

authority  (26  Stat.  L.,  416) 49-50 

by  order  of  Secretary,  reimbursement,  etc.  (26 

Stat.  L.,  416) 49-50 

exports,  humane  troatmeiil,  provisions  (26  Stat.  L.,  833) 7C 

exposure  to  infection,  importation  prohibited  (26  Stat.  L.,  414)...  48-49 

importation  of  diseivsed.  prohibition  (26  Stat.  L.,  414,  416) 48-50 

suspension  by  President  (26  Stat.  L.,  416) 5C 

ijnported,  quarantine  laws 45-5S 

in  transit,  vioh\tion  of  regulation  to  be  prosecuted  by  United  States 

attorney  (34  Stat.  L.,  GOS^ 69-7t 

infected,  ai>|)rai.sors  a])p()iiued  by  Secretary  (26  Stat.  L.,  416) 5( 

inspection  before  siaughtc^r  for  interstate  or  foreign  commerce  (26 

Stat.  L.,  1090;  34  Stat.  L.,  1256) 55-66,61 

di.sinfection,  etc.,  reguhilions,  authority  of  Secretary  of 

Agriculture  (33  Stat.  L.,  1265) 4". 

for  exjiort  (34  Stat.  L.,  1256) fr 

moving  from  <iuarantined  areas,  requirements  (33  Stat.  L.,  1265)..        4! 
recognized  breeds,  certification  by  Secretary  of  Agriculture  to  Sec- 
retary of  Treasury  (36  Stat.  L.,  11) 5! 

slaughter  at  nighttime,  inspection  (34  Stat.  L.,  256) 6; 


INDEX.  425 


I  Page, 

ive  Btock,  sul)jiHt  to  (|U;irantiiu',  iinpurUitiouM,  laws  (26  Stat.  1..,  414,  41G)...  48-50 
stipprt'ssion  of  contagious  disoases,  j)owers  transferred  to  Secretary 
_  of  Agriculture  (:i2  Stat.  L.,  7!)l) 45-46 

transportation,  feeding;,  unloadini,'  for  rest,  etc.  (34  Stat.  L.,  007)..  68-69 
from  (|uarantined  district  forbidden  (33  Stat.  L., 

12(i4) 47 

lOch  Katrine,  \\yo.,  breedinjj  reservation  for  birds,  establishment 218 

lOB  Angeles,  t'al..  waterworks,  rights  of  way  through  forest  reserves,  etc.  (34 

Stat.  L.,  801) 157-160 

088,  certificates  of  public  property  (28  Stat.  L.,  47) 355-356 

iOwell,  Percival,  land  granted  for  observatory  in  Coconino  National  Forest  (36 

Stat.  L.,  452) 1G8 

ump  fund,  appointment,  promotion,  etc.,  under,  repeal  of  act  requiring  report 

{•Mi  Stat.  L.,  1235) 17-18 

availability  for  increased  compen.satiou  (37  Stat.  L.,  626) 285 

laborers,   transfer  without  examination  to  classified  service  (33 

Stat.  L.,  861) 19 

salaries,  changes,  authorization  (34  Stat.  L.,  1256) 19 

jUmp-sum  employees,  compensation,  report  in  estimates  (37  Stat.  L.,  487) 311 

lachines,  exchange  authorized  (37  Stat.  L.,  269) 23 

^11  matter,  fourth  class,  limitation  on  weight  (29  Stat.  L.,  262;  37  Stat.  L., 

557) 381 

oflBcial,  limitation  (34  Stat.  L.,  477) 380 

oflBcial,  transmission  and  registry  free  (19  Stat.  L.,  335;  23  Stat.  L.,  158)..  378,  379 

bailing  lists  furnished  to  Public  Printer  by  departments  (37  Stat.  L.,  414) 370 

kfap.  removing,  mutilating,  etc.,  by  officer  in  charge  (35  Stat.  L.,  1112) 377 

klaps,  distribution  not  transferred  to  Public  Printer  (37  Stat.  L.,  360) 370 

filing  by  EdLson  Electric  Co.  (34  Stat.  L.,  166) 166' 

forest,  sale  (34  Stat.  L.,  1256) 172 

Geological  Survev,  distribution  (29  Stat.  L.,  701) 375 

irrigation  canals,  "to  be  filed  (26  Stat.  L.,  1102) 150 

Ix)8  Angeles  waterworks,  filing  (34  Slat.  L.,  801) 157 

Weather  Bureau,  authority  to  print  (28  Stat.  L.,  601) 24 

ftiariposa  Big-Tree  Grove,  recession  by  California,  disposition  of  land,  etc.  (34 

Stat.  L.,  831) 127-129 

Marketing  farm  products,  reports,  authorization  (37  Stat.  L.,  295) 232-233 

Marking  nursery  stock  importations  (37  Stat.  L.,  316) 265 

Afatlacha  Pass,  Fla.,  breeding  reservation  for  birds,  establishment 217 

jJkleat,  condemned,  disposal  (34  Stat.  L.,  1256) 62 

I  I  export,  inspection  of  animals  before  slaughter  (26  Stat.  L.,  1089,  1090). .         55 

requirements  (34  Stat.  L.,  1256) 62 

food  products,  inspection  for  interstate  and  foreign  commerce  (34  Stat. 

L.,  1256) 61-68 

of  night  products  (34  SUt.  L.,  1256) 63 

inspected,  stamping  (34  Stat.  L.,  1256) 61-62 

j  inspection  act,  exemption  of  farmers  and  retailers  (34  Stat.  L.,  1256) 66-67 

I  employees,  exemption  from  estimates  in  Book  of  Estimates 

(37  Stat.  L.,  269) 18 

estimates,  report  to  Congress  (34  Stat.  L.,  1260) 67 

for  interstate  and  foreign  commerce  (34  Stat.  L.,  1256) 61-68 

commer(^e  (26  Stat.  L.,  1090) 55-'>6 

transportation  of  uninspected,  forbidden,  exceptions,  etc.  (34  Stat.  L., 

1256) 63-64 

unsound, interstate  commerce  prohibited  (26  Stat.  L.,  1090) 56 

;  Meats,  condemned,  u.se  in  interstate  commerce  prohibited  (28  Stat.  L.,  727).. .         58 

exports,  inspection  (26  Stat.  L.,  414) 53-54 

farm,  exemption  from  inspection  regulations  (26  Stat.  L.,  1091) 57 

J  in.ipection  for  interstate  and  foreign  commerce,  law  (34  Stat.  L.,  1256)..  61-63 

I  transportation,  sale,  etc.,  contrary  to  regidations  (34  Stat.  L.,  1256) 65 

Mechanic  arts,  colleges.     See  Colleges,  agricultural. 

Mechanics,  day's  work,  eight  hours  (R.  S.,  3738;  27  Stat.  L.,  340;  37  Stat.  L., 

j      137) 326-329 

Msesengers.  salaries  (R.  S.,  167) 283 

Meteorological  instruments  for  voluntary  observers,  authority  to  supply  (26 

Stat.  L.,  371) 36 

observations,  provisions  by  Secretary  of  War  (R.  S.,  221) 35 


426        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page. 
Michigan,  lands  exchange,  supervision  of  Secretaries  of  Agriculture  and  Interior 

(37  Stat.  L.,  241) 132-133 

Mileage  books.  Secretary  authorized  to  purchase  (34  Stat.  L.,  1256) 21 

Military  reservations  exempted  from  railroad  act  of  Mar.  3,  1875  (18  Stat.  L., 

483) 148 

Mineral  land  entries  for  building  stone,  limitation  (27  Stat.  L.,  348) 142 

lands,  exception  from  grants  to  agrirultural  colleges  (12  Stat.  L.,  503)..      237 

national  forest^s,  re.sloration  to  public  domain 91 

relation  to  withdrawal  for  forest  reserves,   etc.   (36  Stat.  L., 

847) 97 

rights,  reserve  to  owners  of  lands  purchased  under  Weeks  law  (36  Stat. 

L.,  962) 100 

Minidoka.  Idaho,  breeding  reservation  for  birds,  establishment,  enlargement..      219 
Mining  laws  extended  to  Montana,  not  applicable  to  administration  sites  (35 

Stat.  L.,  465) 142 

Minnoe^ota  National  Forest,  e.stablishment,  description  of  lands,  etc.  (35  Stat.  L., 

268) 116-118 

"  MLsbranded,"  definition  of  term  (34  Stat.  L.,  769) 190-192 

Misbranding,  apple  barrels  (37  Stat.  L.,  250) 80-81 

defined  (34  Stat.  L.,  769;  36  Stat.  L.,  333) 190-192,260-261 

fungicides,  prohibition  and  penalties  (36  Stat.  L.,  331) .   257-258,  261-262 
insecticides,  prohibition  and  penalties  (36  Stat.  L.,  331). 257-258,  261-262 

Money,  advances  for  fighting  fires,  authority  (35  Stat.  L.,  251) 171 

demanding  under  false  papers,  penalty  (35  Stat.  L.,  1095) 349-350 

public,  Secretary  authorized  to  advance  to  field  workers,  etc.  (32  Stat. 

L.,  280) 20 

ref finds  of  erroneous  collections  (36  Stat.  L.,  1235) 95 

stolen,  receiving,  penalty  (35  Stat.  L.,  1098) 351 

Moneys,  public,  advances,  prohibition  and  exception  (R.  S.,  3648) 345 

application  according  to  appropriation,  distinct  accounts  (R.  S., 

3623) ■ 339 

deposit,  unauthorized,  banker  receiving,  penalty  (35  Stat.  L., 

1 106) 354 

entry  of  each  deposit,  pavment,  or  transfer  (R.  S.,  3643) 343 

expenses  in  handling  (R."  S..  3(i53;  22  Stat.  L.,  312) 346-347 

failure  to  keep  safe,  account  for,  or  deposit,  penalty  (35  Stat. 

L.,  1 105) 352-353 

laws  affecting,  general  provisions 333-355 

payment  without  deduction  (R.  S.,  3615) 334 

sales,  premiums  to  be  accounted  for  (R.  S.,  3652) 346 

unlawful  use  by  disbursing  officers  (35  Stat.  L..  1105) 352 

withheld  by  officer,  suits  to  recover  (R.  S.,  3621; 339 

receipts  for  forest  products,  use  of  land,  etc.,  special  fund  (33  Stat.  L., 

628;  34  Stat.  L.,  669,  1256) 93-95 

sale  of  breeding  animals,  disposition  (37  Stat.  L.,  269) 45 

Mongoose,  importation  prohibited  (35  Stat.  L.,  1137) 203 

Montana  Bi.Mon  Range,  reservation,  enlargement,  fencing,  etc.  (35  Stat.  L.,  267, 

1039). . .'. 225 

certain  lands  placed  under  mining  laws  (35  Stat.  L.,  465) 142 

forest  Reservations,   suspension   of   withdrawal   from   public   domain 

(30  Stat.  L.,  34) 87 

reserves,  limitation  of  creation  (34  Stat.  L.,  1256;  36  Stat.  L., 

847) 91-92,  98 

timber  cutting  for  mining  and  domestic  purposes,  permit  (20  Stat.  L., 

88) 141 

Monuments,  national,  preservation  act  (34  Stat.  L.,225) 109-110 

MoHfiuito  Inlet,  Vh\.,  breeding  reservation  for  birds,  establishment 214.222 

Moth,  brown-tail,  provisions  for  prevention  of  spread  (37  Stat.  L.,  291) 201 

gypsv,  provisions  for  prevention  of  si)read  <37  Stat.  L.,  291) 201 

Mutilating  hooks,  records,  etc.,  by  ofiicer  in  charge,  penalty  (35  Stat.  L.,  1112). .       377 

Navy,  limber  reserved  for,  destruction  or  removal,  prohibition,  penalty  (R.  S., 

2461 ,  2462) .' 103 

Neat  (Utile.     See  Cattle. 

Nebraska  national  forests,  young  trees,  furnishing  to  residents  (37  Stat.  L.,  269).       172 

Nevada,  limber  cutting  for  mining  and  domestic  uses,  permit  (20  Stat.  L.,  88). .       141 


INDEX.  427 

Pajtfl. 

New  Mexico,  land  giants  to,  conditions,  and  school  funds  from  national  foresta 

(36  Stat.  L.,  570,  573) 136-137 

timber  cutting  for  mining  and  domestic  uses,  permit  (20  Stat. 

L,  88) 141 

Newspapers,  foroflicial  use,  restriction  upon  payments  (R.  S.,  192,  1779) 375-376 

:  Night  slaughter,  meat  for  interstate  or  foreign  conunercc,  inspection  require- 

i     ment8(34  Stat.  L.,  1256) 63 

'  Niobrara,  Nebr.,  breeding  reservation  for  birds,  establishment 223-224 

Nonmailable  matter,  definition  (29  Stat.  L.,  2(52;  37  Stat.  L.,  557) 381 

i  Nursery  stock,  arrival  at  port,  notification  of  Secretary  of  Agriculture  (37  Stat. 

L . ,  3 1 5 ) 264 

I  importation,  regulations  (37  Stat.  L.,  315) 264-268 

'Nutrition  investigations,  1913,  appropriation  (37  Stat.  L.,  269) 255 

cooperation  of  experiment  stations  (34  Stat.  L.,  669)..       252 

I  Oath,  official,  form,  etc.  (23  Stat.  L.,  22;  R.  S.,  1757) 296 
I  Oaths,  administration,  officials  authorized  (R.  S.,  1758,  1778) 296,  298 
;  of  office,  custody  (R.  S.,  1759) 297 
I                              to  be  administered  without  compensation  (26  Stat.  L.,  371; 

37  Stat.  L.,  487) 297 

^  Observatory,  Lowell,  land  grant  in  Coconino  National  Forest  (36  Stat.  L.,  452). .       168 
(  Occupancy,  unlawful,  of  public  lands,  prohibition,  and  proceedings  (23  Stat. 

'      L.,  321) 107-108 

I  Office,  double,  prohibition  and  exception  (28  Stat.  L.,  205) 288 

pay  to  official  for  procuring,  i)enalty  (35  Stat.  L.,  1108) 302 

Officer,  delinquent,  distress  warrant,  issue  and  execution,  etc.  (R.  S.,  3624- 

3638) 339-342 

prevention  from  accepting  office  or  performing  duties  (35  Stat.  L., 

1092)  299 

United  States,  bribery  of  (35  sVaV.  L.,'io95,  "ll'l2'). '. .'.".'.'.'.'."..'. 300,  304 

failure  to  make  reports,  punishment  (35  Stat.  L.,  1107). .       301 

issuing  false  crop  reports  (35  Stat.  L.,  1111) 304 

personation  of,  puniBhment  (35  Stat.  L.,  1095) 299-300 

receiving  pay  for  procuring  contract  or  office  (35  Stat.  L., 

1108) ! 302 

violation  of  eight-hour  law,  penalty  (27  Stat.  L.,  340) 327 

Officers'  commissions,  preparation  and  signature  (29  Stat.  L.,  75) 18-19 

department,  salary  estimates,  inclusion  in  Book  of  Estimates  (36  Stat. 

L.,  416) 18 

detailed  to  investigate  fraud,  authoritv  to  administer  oaths  (R.  S.,  183 1.       297 

extra  allowance,  prohibition  (R.  S.,  1765;  18  Stat.  L.,  85) 286 

forbidden  to  receive  fee  for  administering  oaths  of  office  (26  Stat.  L., 

371 ;  37  Stat.  L.,  487) ". 297 

resistance,  interference,  etc.,  penally  (33  Stat.  L.,  1265) 48 

State,  county,  or  municipal,  report  to  Congress  of  payments  to  (35 

Stat.  L.,  251) - .* 194 

superior,  duties  regarding  reports  of  chief  clerks  (R.  S.,  175) 273 

United  States,  accepting  bribe  (35  Stat.  L.,  1109) 303 

pay  for  actions  affecting  Government  inter- 
ests (35  Stat.  L.,  1109) 302-303 

exemption  from  jury  duty  (31  Stat.  L.,  1189) 305 

giving  advance  information  on  crop  reports  (35  Stat. 

L.,  1110) 303-304 

interest  in  claims  (35  Stat.  L.,  1107) .301-302 

Officials,  court.     See  Court  officials. 

Forest  Service,  to  aid  in  enforcement  of  laws  (35  Slat.  L..  251) 114 

meat-inspection  work,  gifts  forbidden  (34  Slat.  L.,  1256) 66-67 

United  States,  extortion  by  (35  Stat.  L.,  1 104) 300 

Olmstead  lands,  North  Carolina,  transfer  to  Secretary  of  Agriculture  (37  Stat. 

L.,  189) .-  -  -       102 

Ordnance,  sales  or  transfers  from  War  Department  to  other  departments,  price, 

etc.  (37  Stat.  L.,  589) 358 

Oregon,  Bull  Run  National  Poorest,  trespass,  penally  (35  Stat.  L.,  1099) 106 

forest  lands,  exchange  (30  Stat.  L.,  1357) 131-132 

!  reserve*,  limitation  of  creation  (34  Stat.  L.,  1256;  36  Stat.  L., 

847) 91-92,98 


428        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Paw. 

Packages,  official,  free  transmission  (19  Stat.  L.,  335;  23  Stat.  L.,  158) 378,379 

Packing  houses,  meat,  inspection  of  carcasses  for  interstate  or  foreign  com- 
merce (34  Stat.  L.,  1256) 61-62 

sanitary  inspection,  requirements  (34  Stat.  L.,  1256) 63 

Palma  Sola,  Fla.,  breeding  reservation  for  birds,  establishment 217 

Papers,  copies,  use  as  evidence  (R.  S.,  882) 378 

false,  possession  with  intent  to  defraud,  penalty  (35  Stat.  L.,  1094) 349 

relating  to  accounts  of  disbursing  officers,  inspection  (29  Stat.  L.,  550). .       339 
waste,  in  department,  report,  sale  or  other  disposition  (25  Stat.  L.,  672; 

28  Stat.  L.,  910) 376 

Parcel  post,  provision  (37  Stat.  L.,  557) 381 

Paris  green,  definition,  and  adulteration  (36  Stat.  L.,  331) 259-260 

Parrots.     See  Birds. 

Pasadena  &  Mount  Wilson  Rv.  Co.,  purchase  of  lands  for  stations,  hotels,  etc. 

(30  Stat.  L.,  910) 154-155 

right  of  way  through  San  Gabriel  Forest 

Reserve  (30  Stat.  L.,  910,  911) 154, 155 

Passage  Key,  Fla.,  breeding  reservation  for  birds,  establishment 211 

Patents.  Commissioner,  authority  to  grant  patents  to  officers  of  Government  (22 

Stat.  L.,  603) 305 

print  copies  of  patents,  drawings,  etc.  (28 

Stat.  L.,  619) 374 

expediting,  representation  of  heads  of  departments  (29  Stat.  L.,  692). .       305 

issue  to  officials  of  Government  for  inventions  (22  Stat.  L.,  603) 305 

specifications  and  drawings,  distribution  (28  Stat.  L.,  619) 374 

Pathfinder,  Wyo.,  breeding  reservation  for  birds,  establishment 219 

Paulina  National  Forest,  Oreg.,  consolidation  by  exchange  of  lands  (37  Stat.  L., 

200) - 135 

Pay  assignments,  department  employees,  permission  to  make  (35  Stat.  L.,  1039)        22 
rolls  to  be  prepared  and  examined  by  heads  of  bureaus  and  divisions  (37 

Stat.  L.,  375) " 338-339 

Pecos  National  Forest,  exchange  of  timber  for  lands,  Zuni  National  Forest  (37 

Stat.  L„323) :  133-134 

Pedigree  records,  submission  to  customs  officer  for  imports  of  pure-bred  live 

stock  (36  Stat.  L.,  11) 53 

Pelican  Island,  Fla.,  breeding  reservation  for  birds,  establishment,  enlarge- 
ment        210 

Penalties,  fraudulent  claims  against  Government  (36  Stat.  L.,  1114) 388 

game  laws  (34  Stat.  L.,  536;  35  Stat.  L.,  103,  104,  1104,  1138) 204, 

207.  208,  209.  210 
Penalty,  adulteration  and  misbranding  of  insecticides,  etc.  (36  Stat.  L.,  331).  .     257- 

258,  261-262 

assiXuM  on  officer  (33  Stat.  L.,  1265) 48 

bank    officials    receiving    unauthorized    deposits    of    public    money 

(35  Stat.  L.,  1106) 354 

bribery  of  officer  authorized  to  determine  any  question  (35  Stat.  L., 

1112) 304 

of  United  States  (35  Stat.  L.,  1095) 300 

conspiracy  against  United  States  (35  Stat.  L.,  1096) 350 

to  prevent  an  officer  from  performing  duties  (35  Stat.  L., 

1 092 ) 299 

contracts  in  excess  of  appropriation  for  building  (35  Stat.  L.,  1106). .       325 
destruction,   alteration,   etc.,   of  identification  marks  on   inspected 

meats  (26  Stat.  L.,  414,  1090) 54. 56 

or  removal  of  timber  reserved  for  use  of  United  States 

Navy  (R.  S..  2461,  2462) 103 

eight-hour  law  (27  Stat.  L.,  340) 327 

e.Kcoption  (37  Stat.  L.,  138) 328 

embezzlement  by  ollicer  (35Stat.  L.,  1106) 354 

embezzling  i)ubiic  moneys  (35  Stat.  L.,  1097) 351 

exchange  of  fund.s  (R.  S.',  3651) 346 

e3c/,orti()n  by  otlirials  (35  Stat.  L.,  1104) 300 

failure  to  keep  safe,  account  for,  pr  deposit  public  money  (35  Stat. 

L.,  1105) 352-353 

make  returns  or  reports  (35  Stat.  L.,  1107).- 301 

false  acknowledgment  by  ofiicer  (35  Stat.  L.,  1094) 333 


/ 


INDEX.  429 

Pse«. 

Penally,  false,  rcrliticate  (35  Stat.  L.,  1107) .       :{0l 

claims  (35  Stat.  L.,  1095) :i50 

demands  for  money  from  United  States  (35  Stat.  L.,  1095) 349-350 

entries  in  accounts,  etc.  (30  Stat.  L.,  1355) 355 

personation  of  creditor  (35  Stat.  L.,  1095) 349 

fire  trespass,  public  lands  (35  Slat .  L.,  1098) 10(j 

forging  bonds,  bids,  etc.,  to  defraud  (35  Stat.  L.,  1094) 348-349 

power  of  attorney  (35  Stat.  L.,  1094) 348-349 

franked  envelopes,  unlawful  use  (19  Stat.  L.,  336;  35  Stat.  L.,  1134)  378-379 

gifts,  etc.,  to  meat  inspectors  (34  Stat.  L.,  1256) 66-67 

giving  advance  information  on  crop  reports  (35  Stat.  L.,  1110)..  303-304 

grazing  trespa.><s,  public  lands  (35  Stat.  L.,  1099) 106-107 

hunting,  trapping,  etc.,  on  game  refuges  (33  Stat.  L.,  614;  34  Stat. 

L.,  607) 1 10,  111 

imports  of  adulterated  or  niisbranded  drugs  (26  Stat.  L.,  415) 184 

cattle  and  hides  (36  Stat.  L.,  87) 52 

injuring,  destroving.  or  stealing  books,  public  property  (20  Stat.  L., 

171;" 35  Stat.  L.,  1111) 377 

or  removing  survey  marks  (35  Stat.  L.,  1099) 106-107 

injury  of  public  property.  District  of  Columbia  (27  Stat.  L.,  325) 362 

or  destruction  of  antiquities,  public  lands  (34  Stat.  L.,  225). .       109 

insect  transportation  (33  Stat.  L.,  1270) 199-200 

interstate  shipments  of  condemned  meats  (28  Stat.  L.,  727) 58 

transportation  of  animals  and  birds  (35  Stat.  L.,  1138)....       204 

manufacture  of  adulterated  drugs  (34  Stat.  L.,  768) 187 

Member  of  Congress  having  interest  in  public  contract  (35  Stat.  L., 

1109) 329 

misbranding  drugs  (32  Stat.  L.,  632) 186-187 

molestation  of  Animal  Industry  employees  (35  Stat.  L.,  1088) 70-71 

obstructionof  settlement  and  transit  over  public  lands  (23  Stat.  L.,  322).       108 
officer  removing,  concealing,  etc.,  public  books  and  records  (35  Stat. 

L.,  1112). . . . ; 377 

officials  accepting  bribe  (.35  Stat.  L..  1109) 303 

interested  in  claims  against  United  State8(35  Stat.  L.,  1107).-  301-302 
receiving  pav  in  matters  affecting  United  States  (35  Stat. 

L.,  1109).. ■. 302-303 

packing  and  sale  of  apples  unlawfully  (37  Stat.  L.,  250) 81 

pavment  of  employees  mthout  authority  (22  Stat.  L.,  255;  37  Stat. 

L.,  414) 284-285 

pereouatmg  officer  of  United  States  (35  Stat.  L.,  1095)..'. 299-30O 

plant  quarantine  act  (37  Stat.  L.,  318) 268 

political  coercion  (19  Stat.  L.,  169;  35  Stat.  L.,  1110) 290,291 

possession  of  false  papers  with  intent  to  defraud  (35  Stat.  L.,  1094). . .       349 

purchasing  court  fees  at  less  than  face  value  (35  Stat.  L.,  1107) 301 

quarantine  law  (26  Stat.  L..  414;  33  Stat.  L.,  1265) 48-49 

regulations  (32  Stat.  L.,  792) 46 

receiving  bribe  (35  Stat.  L.,  1112) 304 

pav  for  securing  office  or  contract  (35  Stat.  L.,  1108) 302 

stolen  money  (35  Stat.  L..  1098) 351 

refusal  to  transmit  Government  telegraphic  communication  (R.  S., 

5269) 382-383 

requiring  receipts  larger  than  sum  paid  (35  Stat.  L.,  1105) 351 

robbery  of  personal  property  of  United  States  (85  Stat.  L.,  1088) 357 

sale  of  meats  in  violation  of  inspection  laws  (34  Stat.  L.,  1256) .65-66 

selling  seed  unfit  for  seeding  (37  Stat.  L.,  507) 78-79 

taking  or  using  claims  j)apers  (35  Stat.  L.,  1096) 351 

telegraph,  injurv  to  United  States  lines  (35  Stat.  !>.,  1088) 383 

timbcrdepredations.  public  lands  (20  Stat.  L.,  90;  35  Stat.  L.,  1098).  104-105 

trading  in  public  funds  (35  Stat.  1..,  1107) 354 

unlawful  expenditures  of  appropriations  (R.   S.,  3679;  35  Stat.  L., 

1027) 317,318 

timber  cutting  (20  Stat.  L,,  89) .^ 141-142 

useof  public  money  by  disbursing  officers  (35  Stat.  L.,  1105).       352 
violation  of  act  forbidding  cruelty  to  animals  in  transit  (34  Stat.  L., 
608) 69 


430        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page. 
Penalty,  violation  of  pure  food  law  (32  Stat.  L.,  632;  34  Stat.  L.,  768,  771). . . .     186- 

188, 192-193 
regulations  for  humane  treatment  of  live  stock  on  board 

vessels  (26  Stat.  L.,  833) 70 

renovated  butter  laws  (32  Stat.  L.,  193) 60 

withholding  money  or  accounts  (R.  S.,  3633) 341 

public  money  (R.  S.,  3619) 335 

Pension  roll,  civil,  prohibition  (30  Stat.  L.,  890) 291 

Per  diem  allowance.  Secretary  authorized  to  grant  to  Government  employees 

while  traveling  (37  Stat.  L.,  269) 21 

employees.     See  Employees. 

Periodicals  for  official  use,  restriction  upon  payments  (R.  S.,  192,  1779) 375 

Perquisites,  prohibition  of  (18  Stat.  L.,  85) 286-287 

Personating  officer  of  United  States,  punishment  (35  Stat.  L.,  1095) 299-300 

Personation,  false,  of  creditor  of  United  States,  penalty  (35  Stat.  L.,  1095) 349 

Photographic  prints,  Forest  Service,  sale  (34  Stat.  L.,  1256) 172 

Photographs  for  scientific  institutions,  etc.,  exempt  from  duty  (36  Stat.  L.,  71, 

74,  78) 358-359 

Physician's  certificate,  accident,  filing  by  employees  (35  Stat.  L.,  557) 170 

Pikes  Peak  Timber  Land  Reserve,  right   of   wav   to   Cripple   Creek   Ry.   Co. 

(30  Stat.  L.,  493) 151 

right  of  way  to  Cripple  Creek  Short -line  Ry. 

Co.  (30  Stat.  L.,  729) 162 

Pilot  charts,  data  to  be  furnished  by  Weather  Bureau  (36  Stat.  L.,  508) 36 

Pine  Island,  Fla.,  breeding  reservation  for  birds,  establishment 216 

Plans,  sketch,  for  building  sites  must  be  approved  (R.  S.,  3734) 325-326 

Plant  diseases,  tiuaranline,  reguIatioiL-^,  notices,  etc.  (37  Stat.  L.,  317) 266-267 

Industry  Bureau,  appropriations,  salaries,  and  general  expenses  for  1913 

(37  Stat.  L.,  269) 81-85 

chief,  appointment  (31  Stat.  L.,  922) 74 

establLihrnent  (32  SUxt.  L.,  286) 11-12.74 

laws  affect  ing 74-85 

inspection,  disinfection,  etc.,   regulations,  dutv  of  Secretary  (37  Stat. 

L.,  317) .' 267 

introductions,  prohibition,  authority  of  Secretary  of  Agriculture  (37  Stat. 

L.,  316) 265-267 

quarantine  act,  August  20,  1910  (37  Stat.  L.,  315) 264-269 

Plants,  apnropriation  for  purchase  and  distribution  (37  Stat.  L.,  269) 75-76 

collection,  distribution,  propagation,  and  testing,  authority  to  Secre- 
tary (R.  S.,  526) 14 

imported,  exemption  from  duty  (36  Stat.  L.,  11) 23 

purchase  and  distribution  (R.  S.,  527) 74-75 

Pleuropneumonia,  live  stock,  investigation,  authority  (23  Stat.  L.,  32) 42 

prohibition  of  transportation  of  diseased  live  stock  (23  Stat. 

L,  32} 43 

suppression,  powers  conferred  on  Secretary  of  Agriculture 

(32  Stat.  L.,  791) 45^6 

Pocatello  National  Forest,  description  and  reservation  (36  Stat.  L.,  919) 131 

Police  authority,  department  watchmen  (35  Stat.  L.,  1039) 22 

Political  (oercidri.  prohibitions  (19  Stat.  L.,  169;  22  Stat.  L.,  403) 277,  290 

contributions,  prohibition  and  penalties  (19  Stat.  L.,  169;  35  Stat.  L., 

1110) 290-291 

Pomology  Division,  reorganized  into  Plant  Industry  Bureau  (32  Stat.  L.,  286).   11-12 

Pork,  salt,  inspe<tion  for  export  (26  Stat.  L.,  414) 53-54 

Ports,  designation  as  (juarantine  stations,  authoritv  of  Secretars'  of  Agriculture 

(26  Stat.  L.,  416) [ 49-50 

Postmaster  General,  approval  of  regulations  for  transportation  of  insects  (33 

Stat.  L..  1270). 199 

authority  to  appoint  in(Mnl)or  of  a])praipal  board  for  pur- 
chase of  telegraph  lines  (R.  S.,  5267) 144 

with    Secretary   of    .\griculture    to    determine 
weight  of  seed  and  plant  packages  (37  Stat. 

L.,  269)..... 75 

with  Secretary  of  Agriculture  to  display  weather 

signals  on  mail  cars  (29  Stat.  L.,  99)" 36 


INDEX.  431 

oetmaster  General,  tontracts  for  official  envelopes  (2»  bUit.  1..,  (i:i4;  3-1  Stat. 

I-,  -170) 379-380 

coDperation  with  Agriculture  Secretary  on  roads  (37  Stat. 

L. ,  539) 15 

otatoeB,  types,  investigation,  etc.  (37  Stat.  L.,  274) 85 

'otomac  Park,  control  by  Secretary  of  War  (30  Stat.  L.,  1377) 25 

use  as  testing  grounds  by  Department  of  Agriculture,  permission 

authorized  (30  Stat.  L.,  1377) 25 

'ower,  electric,  contracts  (3(i  Stat.  L.,  531) 323 

of  attorney,  false,  use  to  demand  money  from  United  States  (35  Stat. 

L.,  1095) 349-350 

forging,  penalty  (35  Stat.  L.,  1094) .^ 348-349 

^miums  on  sales  of  public  money  to  be  accounted  for  (R.  S.,  3652). . .' 346 

•resident,  approval  ot  efficiency  ratings  (37  Stat.  L.,  413) 280 

authority  to  declare  national  monuments  (34  Stat.  L.,  225) 109 

direct  advances  of  public  moneys  (R.  S.,  3648) 345 

establish  forest  reservations  (26  Stat.  L.,  1095) 87 

Montana  National  Bison  Range  (35  Stat.  L., 

267) . 225 

exclude  foreign  importations  from  countries  discrimi- 
nating against  United  States  products  (26  Stat.  L., 

415) 185 

fill  vacancies  (R.  S.,  179) 275 

make  civil  service  rules  (22  Stat.  L.,  403) 277 

negotiate  for  abrogation  of  order  for  slaughter  of  Ameri- 
can cattle  at  British  ports  (30  Stat.  L.,  1) 52 

remove  unlawful  inclosures  (23  Stat.  L.,  322) 109 

revoke  Executive  orders  as  to  forest  reservation  (30 

Stat.  L.,  34,  36) 87, 91 

set  aside  forest  reserves  as  game  and  bird  refuges  (33 

Stat.  L.,  614;  34  Stat.  L.,  607) 110,111 

suspend  importation  of    adulterated  foods,   drugs,   or 

liquors  (26  Stat.  L.,  415)..  185' 

live  stock  (26  Stat.  L.,  416)..  50 

use  troops  to  protect  timber  in  Florida  (R.  S.,  2460)..  103 

withdraw  public  lands  (36  Stat.  L.,  847) 97 

suspension  of  quarantine  against  foreign  live  stock  (30  Stat.  L.,  1). .  52 

Presidential  appointment.  Assistant  Secretary  of  Agriculture  (25  Stat.  L.,  659).  10 

chief  of  Weather  Bureau  (26  Stat.  L.,  653) 34 

Secretary  of  Agriculture  (R.  S.,  521;  25  Stat.  L., 

659). 9 

President's  Cabinet,  compensation  (34  Stat.  L.,  993) 283 

Printed  matter,  authorization,  etc.  (28  Stat.  L.,  623) 367-368 

E*rinter,  Public.    See  Public  Printer. 

E*rinting  and  binding  appropriations  for  1913,  Publications  Division  (37  Stat. 

^  L.,  482) 229-230 

appropriations,  limitations  of  use  (34  Stat.  L.,  762) 313 

authorization  (28  Stat.  L..  622.  623) 364.  367-368 

binding,    etc.,    departmental,    restriction    to    Government    Printing 

Office  (28  Stat.  L.,  622) 365 

charge  to  department  originating  document  (34  Stat.  L.,  825) 365-366 

cost,  division  between  Congress  and  department  (34  Stat.  L.,  825). .   365-366 

Department,  excess  of  appropriation,  prohibition  (28  Stat.  T>.,  622).  365 

requisition  by  chief  of  department  (28  Stat.  L.,  622). . .  365 
estimates,  general  provisions  of  law  (R.  S.,  3661;  28  Stat.  L.,  961;  34 

Stat.  L.,  762) 313 

requirements  (.34  Stat.  L.,  1013) 364 

executive  departments,  restrictions  (33  Stat.  L.,  1249) 368 

Joint  Committee,  authority  to  make  rules  for  printing  and  binding  (34 

Stat.  L.,  826) ^ 366 

directions  in  regard  to  illustrations  of  Yearbook  (28 

Stat.  L.,  601) - 24 

supervision  of  Congressional  Directory  (28  Stat.  L., 

617) 374 

office.  Weather  Bureau,  not  under  control  of  Public  Printer  (28  Stat. 

L.,605) 363 


432        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Pae 

Printing  office,  Weather  Bureau,  status  (28  Stat.  L.,  601) 

offices,  department,  authority  of  PubHc  Printer  to  abolish  (28  Stat.  L., 

605) 3i 

control  by  Public  Printer  (28  Stat.  L.,  605) 3 

designation   of  officer  to  sign  requisitions,   etc. 

(28  Stat.  L.,  605) 3 

part  of  Government  Printing  Office  (28  Stat.  L., 

601) 

sum)lies,  equipment,  etc.,  furnished  by  Public 

Printer  (28  Stat.  L.,  605) 3 

public  documents 369, 371, 373, 3 

regulation  and  control 363-3 

restrictions  on  unnecessary  matter  in  reports  (28  Stat.  L.,  623) 367-3 

use  of  appropriations  for  illui^lrations  (33  Stat.  L.,  1213).      3 

Secretary's  report,  appropriation 

type  an^  style  for  department  publications  determined   by  Public 

Printer  (28  Stat.  L.,  608) 3 

Prints,  sale  by  Secretary  at  cost  (34  Stat.  L.,  1256) 

Proceeds  of  sales  of  public  property,  deposit  (R.  S.,  3618) 3 

Process  butter.     See  Butter,  renovated. 

Proclamation,  Wichita  Forest  Reserve  bird  and  animal  refuge  (34  Stat.  L., 

3062) 1 

Proclamations,  Grand  Canyon  Forest  Reserve  game  refuge  (34  Stat.  L.,  3263;  35 

Stat.  L.,  2192) • 112, 1 

Property  of  delinquent  officer  and  sureties,  liability  under  distress  warrant 

(R.  S..  3627-3632) 340-3 

personal,  of  United  States,  robbery,  penalty  (35  Stat.  L.,  1088) 3 

returns,  regulaticms  (28  Stat.  L.,  47) 355-3. 

Proposals.     See  Bids. 

Public  buildings.     See  Buildings. 

documents.     See  Documents,  public. 

money.     See  Money,  public. 

moneys,  disbursement  by  special  agents,  bond  required  (R.  S.,  3614). . 

See  also  Moneys,  public. 
Printer,  authority  over  department  printing  and  binding  (28  Stat.  L., 

608). 3. 

to  furnish  duplicating-process  supplies,  etc.,  to  de- 
partments (32  Stat.  L.,  481) 3 

control  of  department  printing  offices  (28  Stat.  L.,  605) 

distribution  of  Congressional  Record  and  other  documents..  372- 
duty  to  perform  all  work  of  distribution  of  public  documents 

(37  Stat.  L.,  414) 370-3. 

estimates  for  dejiartment  printing  (28  Stat.  L.,  961) SI 

report  on  departmental  i)rinting  office  (28  Stat.  L.,  605) St 

required  to  print  and  distribute  decisions  of  Comptroller  of 

Treasury  (22  Stat.  L..  391) 371 

supervision  of  illustrations  for  Yearbook  (28  Stat.  L.,  601) i 

supply  by  dopartniiMits  with  reports,  etc.  (R.  S.,  196)... «. . . .   315-Si 

propert y.  general  provisions  of  law 355-2> 

old  material,  etc.,  sales,  proceeds,  deposit  (R.  S.,  3618) SI 

statements  to  accompany  estimates 
(R.  S.,  3672;  34  Stat.  "L.,  763;  36 

Stat.  L.,  773) ?l 

protection,  amis  :ind  ammunition  (20  St^t.  L.,  412) 

Roads  Office.     Sf,- Roads  Office. 

w;orks,  estimates,  requisites  (R.  S..  3663) 311 

Piibli("ation,  advertisements,  notices,  and  proposivls  for  contracts  (R.  S.  3826, 

.3828) 330-331. 

diffusion  of  useful  infonmit  ion,  provision  in  organic  law  (R.  S.,  520)        ' 

Publications,  ammal  report  to  lunid  of  (l(>p;trlnient  (28  Stat.  L.,  623) c) 

department,  catalogue  cards,  sale  of  copies  (35  Stat.  L.,  264) 

distribution  (28  Stat.  L..  610,  623) 368.    ' 

limitation  of  number  of  each  (28  Stat.  L.,  622;  34 

Stat .  L..  826) 365.  366-. 

ordered  printed  by  Ctmgress,  designation  and  bind- 
ing (35  Stat .  L.,"  565) U 


INDEX.  433 


Paw. 


*ublicationB,  Division,  apjiropriations  for  1913  (37  Stat.  L.,  269) 230-231 

chief,  editor,  appoiutment  (30  Stat.  L.,  948) 229 

laws  affect  ing 229-232 

estiniivtes  of  cost  oblaiiied  by  departments  (34  Stat.  L.,  825) 366 

experiineut  stations,  transmission  free  of  postage  (24  Stat.  L.,  441).  246 

for  olficial  use.  jniynient,  restrictions  (R.  S.,  192,  1779) 375 

Government,  copyri<,'ht  not  to  subsist  (35  Stat.  !>.,  1077) 378 

See  also  Documents,  pul)lic. 

in  depositories  shall  be  for  public  use  (28  Stat.,  L.,  620) 375 

issuea  in  two  or  more  editions  (34  Stat.  L.,  826) 366-367 

obsolete,  authority  of  Secretary  to  sell  as  waste  paper  (34  Stat.  L., 

1256) 23 

printing,  authority  of  Secretary  of  Agriculture  (28  Stat.  L.,  601) ...  24 

reprinting  (33  Stat.  L.,  584) 367 

Signal  Office,  sale  (R.  S.,  227) 37 

subscriptions  for  department,  advances  (35  Stat.  L.,  1054) 236 

Weather  Bureau,  sale  (34  Stat.  L.,  1258) 37 

See  also  Documents. 

'ulp  wood,  export  from  Alaska,  permission  (33  Stat.  L.,  628) 93 

'ure-bred  live  stock,  admis^on  free,  conditions  (36  Stat.  L.,  11) 53 

Quarantine,  contagious  diseases  of  live  stock,  authority  of  Secretary  of  Agricul- 
ture (32  Stat.  L.,  792) 46 

diseased  animals  in  Districtof  Columbia,  authority  (23  Stat.  L.,  33). .        44 

importations  of  diseased  live  stock  (26  Stat.  L.,  416) 49 

imported  live  stock,  laws  affecting 45-52 

live  stock,  expenses  borne  by  owner  (26  Stat.  L.,  416) 49 

purchase  of  equipment,  authority  (26  Stat.  L.,  416) 49 

notice  to  transportation  companies  et  al.,  requirements  (33  Stat.  L., 

1264) 46-47 

plant,  act,  Aug.  20,  1910  (37  Stat.  L.,  315) 264-269 

notice  to  be  given,  and  hearings  (37  Stat.  L.,  317) 266,  267 

regulations,  penalty  for  violation  (32  Stat.  L.,  792) 46 

stations,  designation  of  ports,  authoritj'  of  Secretary  of  Agriculture 

(26  Stat.  L.,  416) 49-50 

I    .  maintenance,  authority  of  Secretary  (26  Stat.  L.,  416) 49 

I'Juartermaster's  Department  to  transport  Government  property  (23  Stat.  L.,  Ill)      357 
Juillayute  Needles,  Wash.,  breeding  reservation  for  birds,  establishment 213-214 

lailroad,  lien  on  live  stock  for  feeding,  unloading,  etc.,  in  transit  (34  Stat.  L., 

607) '. 69 

profile  to  be  filed  (18  Stat.  L.,  483) 148 

rights,  forfeiture  (18  Stat.  L.,  483;  34  Stat.  L.,  482;  35  Stat.  L.,  647)..  148-149 

iailroads,  nght  of  wav  through  forest  reserves  (30  Stat.  L.,  1214) 149 

public  lands  (18  Stat.  L.,  482) 146-148 

Railway  officuils,  notice  prohibiting  transportation  of  diseased  live  stock  (23 

Stat.  L.,  32) 43-i4 

'  Hangers,  forest,  selection  (33  Stat.  L.,  628) 171 

'  jleceipt,  forging,  penalty  (35  Stat.  L.,  1094) 349 

leceipts,  false,  exacting,  penalty  (35  Stat.  L.,  1105) 351 

without  payment,  unlawful  (35  Stat.  L.,  1106) 353 

,  jleceivers,  public  money,  payment  of  moneys  (R.  S.,  3615) 334 

'   leceptacles,  meat  products,  marking  and  sealing,  requirements  (34  Stat.  L., 

'   1256) 62-63 

ilecognizances.    See  Bonds. 
'  fiecord,  Congressional.     See  Congressional  Record. 

,  j  evidence  of  embezzlement  (35  Stat.  I..,  1105) 353 

»   Records,  copies,  u.se  as  evidence  (R.  S.,  882) 378 

I  fal.^  entries,  penaltv  (36  Stat.  L.,  1355) 355 

public,  forging,  penalty  (35  Stat.  !>.,  1094) 348 

removing,  destroying,  etc.,  by  officer  in  charge,  penalty  (35  Stat.  L., 

1112) 377 

,  .lefunds,  depo.9it8  on  forest  products  or  land  (34  Stat.  L.,  669.  1256) 94-95 

'*  '  money  erroneously  collected  by  Forest  Service  (36  Stat.  L.,  1235) ...         95 

71657—13 28 


434        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Page 

Register,  Official,  data  for,  filing  ^28  Stat.  L.,  618;  34  Stat.  L.,  218) 30^307 

publication  and  distribution  (28  Stat.  L.,  619) 374 

by  Director  of  Census  (34  Stat.  L.,  219) 307 

Registering,  free,  official  mail  (23  Stat.  L.,  158) 379 

Removals,  classified  service,  prohibition,  exceptions,  methods,  etc.  (37  Stat.  L., 

555) 281 

Rent,  buildings.  District  of  Columbia,  appropriations,  1913  (37  Stat.  L.,  269)..  31-32 

contracts  (19  Stat.  L.,  370) 324 

Report,  accounts,  delinquencies,  etc.  (28  Stat.  L.,  209) 337-338 

National  Forest  Reservation  Commission  (36  Stat.  L.,  962) 99 

waste  paper  accimiulation  (25  Stat.  L.,  672) 376 

Reports,  Animal  Industry  Bureau,  extra  copies,  distribution,  etc.  (28  Stat.  L., 

601) 71 

bureau  and  division  chiefs,  decision  of  department  head  as  to  printing 

(28  Stat.  L.,  622) 365 

contingent  expenses  (R.  S.,  193;  19  Stat.  L.,  306) 315 

Court  of  Claims,  distribution  (36  Stat.  L.,  1136) 372 

Department  of  Agriculture,  transmission  free  (18  Stat.  L.,  340) 7f 

disbursements  of  land-grant  appropriations  (26  Stat.  L.,  419) 24c 

executive  officers,  exclusion  of  unnecessary  matter  (28  Stat.  L.,  623).  367-36^ 

printing,  form  and  style  (28  Stat.  L.,  623) 36/ 

See  also  Titles  of  executive  officers,  as  Agriculture, 
Secretary;  Animal  Industry  Bureau,  chief. 

experiment  stations,  operations  and  finances  (24  Stat.  L.,  441) 24( 

to  governor  and  to  Congress  (34  Stat.  L.,  64) . .  250,25' 

extracts  to  be  included  in  estimates  (18  Stat.  L.,  370) 308-30! 

failure  to  make  (35  Stat.  L.,  1107) 30 

marketing  systems,  authorization  (37  Stat.  L.,  295) 232-23: 

monthly,  to  Secretary  by  bureau  chiefs  (30  Stat.  L.,  316) 29: 

outstanding  checks,  by  disbursmg  officers  (R.  S.,  310) 34: 

public  or  trust  moneys,  false  entries,  penalty  (36  Stat.  L.,  1355) 35 

quarterly,  to  be  made  to  President  by  Secretary  (30  Stat.  L.,  316) 29 

regulation  of  making,  etc.,  by  law 30^-31 

Secretary 2:5-- 

Supreme  Court,  distribution  (36  Stat.  L.,  1154) 

time  of  making  (R.  S.,  195,  196) 315-:; 

to  accounting  officers  of  Treasury,  time  and  manner  (21  Stat.  L.,  381) .  -         1 

traveling  expenses  (35  Stat.  L.,  244) 314-31 

Weather  Bureau,  publication  (28  Stat.  L.,  612,  613) :: 

Representatiyes,  allotments  of  seeds  and  plants  (37  Stat.  L.,  269) 75,7 

Research  facilities,  accessibility  to  investigators  and  students  at  Washington, 

D.  C,  list  (27  Stat.  L.,  395) 28-L 

Researches,  experiment  stations,  scope  (24  Stat.  L.,  440) -' 

Reservoir,  Salt  Lake  City,  right  of  way  through  Wasatch  National  Forest  (37 

Stat.  L.,  197) 162-1' 

Reservoirs,  Durango,  Colo.,  grant  in  San  Juan  Forest  Reserve  (34  Stat.  L., 

1053). 160-1- 

Los  Angeles  waterworks,  rights  of  way  (34  Stat.  L.,  801) 1 

right  of  way  over  forest  reserves  (30  Stat.  L.,  1214) 1 

Ret;uler8,  exeini)tion  from  meat-inspection  regulations  (34  Stat.  L.,  1256) ' 

Returns,  proix-rly,  regulations  (28  Stat.  L.,  47) 355-3 

Rights,  Edi.«on  Electric  Co.  for  future,  conditions  (34  Stat.  L.,  166) 167,  H 

forfeiture  by  irrigation  companies  (26  Stat.  L.,  1102) 1' 

conditions,  Los  Angeles  waterworks  (34  Stat.  L.,  803) 1 

of  telegraph  companies  not  tran.'iferable  (R.  S.,  5265) 1 

way,  auiuilinont  by  head  of  department  (36  Stat.  L.,  1235) 1 

EdLson  Electric  Co.  through  California  forest  reserves  (34  Stat. 

L.,  163) 163-1 

electric  power  companies,  forest  reservations  (28  Stat.  L.,  635; 

31  Stat.  L.,  790;  36  Stat.  L.,  1235) 142-143,1 

over  forest  reserves,   wagon   roads,   railroads,   dams,   etc.   (30 

Stat.  L.,  12:W;  3:1  Stat.  L..  628) 1 

railroads,  over  public  lands  (IS  Stat.  L.,  482) 146-1 

railroa(l,  forfeiture  (IS  Stat.  L.,  483;  34  Stat.  L.,  482;  35  Stat.  L.,  6-17). .  148-1 

Rio  Grande,  N.  Mex.,  breeding  reservation  for  birds,  establishment - 

Roads,  improvement  for  rural  deliver^',  etc.,  cooperation  of  .\grjrulture  Secre- 
tary and  Postmaster  denernl  (37  Stat.  L.,  539) 


I 


INDEX.  435 

Fnee. 
Roads,  National  Forests,  construction  and  maintenance,  per  cent  of  receipts  to 

be  expended  (37  Stat.  L.,  269) 183 

Office,  appropriation  for  1913  (37  Stat.  L.,  269) 256  257 

Director,  scientist,  appointment  (34  Slat.  L.,  669) 256 

laws  affectiiig 256-257 

public,  benefit  by  funds  from  Forest  Service  (35  Stat.  L.,  251) 95-96 

percentage  of  money  received  by  national  forests  (36  Stat.  !>., 

963) 101 

wagon,  right  of  way  over  forest  reser\'es  (30  Stat.  L.,  1214) 149 

Robbery,  personal  property  of  United  States,  penalty  (35  Stat.  L.,  1088) 357 

Elooeevelt,  President,    proclamations,    setting   aside   forest   reserves   as  game 

refuges  (34  Stat.  L.,  3062,  3263;  35  SUit.  L.,  2192) Ill,  112, 113 

Theodore,  Executive  orders  creating  and  enlarging  reservations  for 

game  birds 210-219,  220-222 

Eloots,  imported,  exemption  from  duty  (36  Stat.  L.,  11) 23 

quarantine  regulations  (37  Stat.  L.,  317) 265-268 

Ruins,  antiquities,  preservation  act  (34  Stat.  L.,  225) 109-110 

Ruminants,  importation  of  diseased,  prohibition  (26  Stat.  L.,  414) 48-49 

See  also  Live  stock. 
Rural  Delivery  Service,  road  improvement,  official  cooperation  (37  Stat.  L., 
639) 15 

kaginaw  Southern  Railway  Co.,  right  of  way  through  San  Francisco  Mountains 

Forest  Reserve  (30  Stat.  L.,  783) 153-154 

st.  Lazaria,  Alaska,  breeding  reservation  for  birds,  establishment 220-221 

Jjdaries,  Accounts  Division,  appropriations  (37  Stat.  L.,  269) 228-229 

Animal  Industry  Bureau  (37  Stat.  L.,  269) 71-72 

annual,  division  and  computation  (34  Stat.,  763) 288-289 

Cabinet  members  (34  Stat.  L.,  993) 283 

clerks  and  other  employees  (R.  S.,  167,  168,  523) 12-13,283 

customs  and  other  officers,  apportionment  for  fractional  year  (R.  S., 

2687) 288 

Department  Library,  for  1913  (37  Stat.  L.,  296) 237 

double,  prohibitions  and  exceptions  (R.  S.,  170,  182,  1763,  1765;  23 

Stat.  L.,  353) 16-17,  276,  285,  286,  288 

estimates  of,  regulations  (R.  S.,  3662;  26  Stat.  L.,  228;  28  Stat.  L.,  764; 

37  Stat.  L.,  487) 310-311 

Experiment  Stations  Office,  appropriations  for  1913  (37  Stat.  L.,  269).  254-256 

Forest  Service,  appropriation  (37  Stat.  L.,  269)... 173-174 

lump-fund,  repeal  of  act  requiring  report  of  appointments,  etc.,  under 

(36  Stat.  L.,  1235) -  - 17-18 

payment  to  appointees  during  Senate  recess,  prohibition  (R.  S.,  1761).  286 
Plant  Industrv  Bureau,  appropriations  for  1913  (37  Stat.  L.,  269)....  81-82 
Publications  Division,  appropriations  for  1913  (37  Stat.  L.,  269). ..  230-231 

scientific  investigators,  hmitation  (36  Stat.,  416) 20 

Secretary's  office,  appropriations,  1913  (37  Stat.  L.,  269) 30-31 

Statistics  Bureau,  appropriations  for  1913  (37  Stat.  L.,  269) 235-236 

Weather  Bureau,  appropriations  for  1913  (37  Stat.  L.,  269) 39 

lalary,  officer  appointed  to  supervise  constniction  of  new  building  (32  Stat.  L., 

806) 28 

temporary  clerks  (R.  S.,  168) 283 

unauthorized  offices,  prohibition  (R.  S.,  1760) 286 

lale,  public  documents,  by  superintendent  of  documents  (28  Stat.  L.,  610) 368 

{alee,  land,  etc.,  of  delinquent  officer  under  distress  warrant  (R.  S.,  3630-3632).       341 

scrip,  annual  report  by  governors  of  States  (12  Stat.  L.,  505) 240 

proceeds  mvestment  (12  Stat.  L.,  504) 238 

old  material,  proceeds,  deposit  (R.  S.,  3618) 334 

statements  to  accompany  estimates  (R.  S.,  3672; 

34  Stat.  L.,  763;  36  Stat.  L.,  773) 314 

ordnance,  by  "War  Department  to  other  departmeuta,  price,  etc.  (37  Stat. 

L. ,  589) -  -  -       358 

public  lands,  increased  appropriations  for  agricultural  colleges,  1890  (26 

Stat.  L.,  417) ^ 241-244 

money,  premiums  to  be  accounted  for  (R.  S.,  3652) 346 

property,  expenses  paid  from  proceeds  (29  Stat.  L.,  268) 334-335 

alt  Lakecity  reservoirs,  grant  in  Wasatch  National  Forest  (37  Stat.  L.,  197)..  162  163 
River,  .\riz.,  breeding  reservation  for  birds,  establishment 219 


436        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTUEE. 

Pace 
San  Bernardino  Forest  Reserve,  land  permit  to  Edison  Electric  Co.  (34  Stat. 

L.,  163) , 163-16- 

Francisco  Mountains  Forest  Reserve,  right  of  waj'  to  Central  Arizona  Rv.  Co. 

(32  Stat.  L.,  907).   155-15 
Flagstaff  pipe  line  (31 

Stat.  L.,  657) 15 

Gabriel  Forest  Reserve,  land  permit  to  Edison  Electric  Co.  C34  Stat.  L., 

163) 163, 16 

right  of  way  to  Pasadena  and  Mount  Wilson  Ry. 

Co.  (30  Stat.  L.,  910) 15 

Timber  Land  Reserve,  lands  granted  to  Los  Angeles  for  rights  of 

way  (34  Stat.  L.,  801) : 15 

Juan  Forest  Reserve,  rights  to  Durango,  Colo.,  for  water  reservoirs  (34 

Stat.  L.,  1053) 160-lC 

>Sanitariuni  sites,  forest  reserves,  lease  (30  Stat.  L. ,  908) 145-14 

Sanitary  inspertion.  slaughtering  and  packing  establishments  (34  Stat.  L.,  1256).        6 
Santa  Barbara  Forest  Reserve,  lands  granted  to  Los  Angeles  for  rights  of  wav 

(34  Stat.  L.,  801) ".       If 

Fe  Grand  Canyon  Ry.  Co.,  right  of  way  through  Grand  Canvon  Forest 

Reserve  (30  Stat.  L.,  418) ." If 

School  funds  from  national  forest  grants  to  New  Mexico  and  Arizona  (36  Stat. 

L.,557) 136-1,' 

sites,  national  forests ! 

Schools,  public,  benefit  by  funds  from  Forest  Service  (35  Stat.  L.,  251) 95-! 

percentage  of  money  received  by  national  forests  (36  Stat.  L., 

963) K 

Scientific  research,  books,  etc.,  exempt  from  duty  (36  Stat.  L.,  71,  74,  78) 358-3.' 

tests,  filled  cheese.  Internal  Revenue  Commissioner  authorized  to 

apply  (29  Stilt.  L.,  253) 

Scientists,  salary  limitation  (36  Stat.  L.,  416) 

Scrip,  land,  agricultural  colleges,  uses,  conditions,  etc.  (12  Stat.  L.,  503). .  238,  239, 2 

Seal,  department,  authority  of  Secretary  to  procure  (28  Stat.  L.,  264) 

Secretary  of  Agriculture,  Interior,  etc.    See  Agriculture,  Secretary;  Interior, 
Secretary,  etc. 

Securities,  reports,  false  entries,  penalty  (36  Stat.  L.,  1355) 3 

Seed ,  forest,  purchase  appropriation  (37  Stat.  L. ,  269) 1 

franks,  printing  (32  Stat.  L.,  741) 

samples,  examination  and  reporting,  authorization  (35  Stat.  L.,  251) 

Seeds,  adulterated,  prohibition  of  importation  (37  Stat.  L.,  506) 77-i 

appropriation  for  purchase  and  distribution  (37  Stat.  L.,  269) 75-t 

collection,  distribution,  propagation,  and  testing,  authority  to  Secre- 
tary (R.  S.,  526) 1 

Department,  transmission  free  (18  Stat.  L.,  340) i 

grass,  etc.,  tests  for  adulteration  (33  Stat.  L.,  276;  37  Stat.  L.,  269) 77,1 

importation,  regulations  (37  Stat.  L.,  506,  507) 77-) 

imported,  exemption  from  duty  (36  Stat.  L.,  11) } 

manufacturing  purposes,  prohilntion  of  sale  for  seeding  (37  Stat.  L.,  507).  78-/ 
purchase  and  distribution  (R.  S.,  527) 74- > 

auarantine  regulations  (37  Stat.  L.,  317) 26;". 
lipment  in  bond  for  manufacturing  purposes,  pro\'i8ion  (37  Stat.  L., 

506) 8 

unfitness  for  seeding,  definition  (37  Stat.  L.,  507) 8 

Senators,  allotments  of  seeds  and  plants  (37  Stat.  L.,  269) 75  6 

Si-rvicc,  voluntary  or  excess,  prohibition  of  acceptance  (R.  S.,  3679) 6 

S-rvices,  unauthorized,  prohibition  of  acceptance  (23  Stat.  L.,  17) 9 

Settlement  public  lands,  obstruction,  prohibition  and  penaltv(23  Stat.  L.,  322).       8 
Settlers,  national  forests,  lieu  s-lections  of  land  (30  Stat.  L.,  36;  31  Stat.  L., 

1010) , 90  6 

roads,  egress  or  ingn^ss,  etc.  (30  Stat.  L.,  35) 0 

Sheep,  importation  of  disea.sed,  prohibition  (26  Stat.  L.,  414) 489 

importi'd,  ouarantinf  laws 4810 

inyxction  before  and  after  slaughter  for  interstate  commerce  (26  Stat. 

L.,  1090;  34  Stat.  L.,  1256) 55-5611  ! 

transportation,   unloading  at  nighttime,   exemption   from  regulations 

(34  Stat.  L.,  007) f. efi^ 

Set  also  Live  stock. 


INDEX.  437 

Paite. 

Shell  Keys,  La.,  bn  tdiiig  ngorvatioii  for  birds,  (.slablisliuii. lu 212 

Shippin<^  liconst  s.  Ala.«ka,  cost  (35  Stat  L.,  103) 206 

Shoaliono,  Wyo.,  broodin;;;  roservation  for  birds,  cstabliphincnt 219 

Shrubs,  iiu ported,  exemption  from  duty  (30  Slat.  L.,  11) 23 

Sierra  Forest  Reserve,  description,  addition  of  lands  from  Yosemitci  National 

Park  (33  Stat.  L.,  702) 125-127 

lands  granted  to  Los  Angeks  for  rights  of  way  (34  Stat. 

L.,  801) 157 

permit  to  Edison  Electric  Co.  (34  Stat.  L.,  163) 163-1G5 

revenues  to  ba  expended  for  Yoaemite  National  Park 

(34  Stat.  L.,  832) 129-13d 

Signal  Corps,  transfer  of  civilian  duties  to  Agriculture  Department  (26  Stat.  L., 

653) 33 

Btations,  reports,  etc.,  duties  of  Secretary  of  War  (R.  S.,  222) 35 

Siskiwit  Island,  Mich.,  breeding  reservation  for  birds,  establishment 211 

Site  selection,  affidavits  of  commissioners  as  to  nonowncrship  (18  Stat.  L.,  276).       360 

Sites,  building,  limitation  of  cost  (R.  S.,  3734) 325-328 

selection  by  Secretary  of  the  Treasury  (18  Stat.  L.,  276  ) 360 

Slaughterhouses.    See  Abattoirs. 

Soil  physicist,  requirement  for  Soils  Bun^au  chief  (31  Stat.  L.,  931) 106 

Soils  Bureau,  appropriations  for  1913  (37  Stat.  L.,  269) 19G-198 

chief,  authorization  and  requirement  (31  Stat.  L.,  922) 196 

establishment  (32  Stat.  L.,  286) 11-12,196 

general  expenses  (37  Stat.  L.,  269) 197-198 

laws  affecting 19G-198 

salaries  (37  S'tat.  L.,  269) 196-198 

Division,  reorganized  as  Soils  Bureau  (32  Stat.  L.,  286) 11-12 

examination  and  classification  by  experiment  stations  (25  Stat.  L.,  841)  . .       252 
Solicitor,  responsibility  for  legal  work,  Agriculture  Department  (36  Stat.  L., 

416) 12 

Treasury,  to  issue  distress  warrant  against  delinquent  officer  (R.  S., 

3625,  3633) 340,341 

South  Dakota  forest  reservations,  suspension  of  withdrawals  from  public  domain 

(30  S tat .  L. ,  34) 87 

Sparrow,  English,  importation  prohibited  (35  Stat.  L.,  1137) 203 

Special  agents,  for  disbursement  of  public  moneys,  bonds  required  (R.  S.,  3614)      274 
Sp>eculation  in  products  on  advance  information  of  crop  reports  (35  Stat.  L., 

1110) 303-304 

Splenetic  fever,  not  contagious  under  certain  conditions  (23  Stat.  L.,  32) 43 

Stamping  inspected  meats  for  interstate  or  foreign  commerce  (34  Stat.  L.,  1256). .  61-62 

Stamps,  inspected  meat  food  products,  requirements  (34  Stat.  L.,  1256) 62 

repeal  of  R.  S.,  3915  (23  Stat.  L.,  158) 379 

State,  Secretary,  to  distribute  copied  of  pamphlet  statutes  and  bound  Statute  s 

at  Large  (28  Stat.  L.,  614,  615) 373 

Revised  Statutes  (2S  Stat.  L.,  614) 373 

States,  consent  necessary  to  purchase  of  forest  lands  for  navigable  streams  (36 

Stat.  L.,  962) 106 

cooperation  in  forest  protection  (36  Stat.  L.,  961) 98 

in  rebellion,  exclusion  from  benefit  by  land  grants  for  colleges  (12  Stat. 

L.,  504) 240 

Stationery  contracts,  time  limitation  (R.  S.,  3735) 326 

proposals,  advertisement,  requirements  (28  Stat.  L.,  62;  36  Stat.  L., 

531) 322-323 

purchase  from  contingent  fund,  authority  for  (37  Stat  L.,  269) 23 

Statisticians,  appointment  as  ciiief  and  assistant  chief,  Statistics  Bureau  (32 

Stat.  L..  1162) 232 

Statistics  Bureau,  appropriation  for  1913  (37  Stat.  L.,  269) 235-236 

appropriations  changed  from  Statistics  Division  (32  Stat.  L., 

303) 12 

chief  and  assistant  chief,  appointment  (32  Stat.  L.,  1162).  . .       232 

laws  affecting 232-236 

cotton,  collection    and  publication  by  Census  Office  (37  Stat.  L., 

198) 233-23S 

Statutes  at  Large,  printing,  binding,  and  distribution  (28  Stat.  L.,  615) 373 

Samphlet  copi<  s,  distribution  (28  Stat.  L.,  614) 373 
.evised,  printing,  binding,  and  distribution  (28  Stat.  L.,  C14) 373 


4'38       LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGPJCULTURE. 

Page. 
Stealing  books,  public  property,  penalty  (20  Stat.  L.,  171;  35  Stat.  L.,  1111). .  377 
Stipulations.     See  Boncl.^. 

Stone,  building,  entries  of  land  under  mining  laws  (27  Stat.  L.,  348) 142 

laud.    See  Mineral  land. 

national  forests,  free  in  irrigation  works  construction  (33  Stat.  L.,  706).       146 

use  by  st-ttlers,  etc.  (30  Stat.  L.,  35) 89-90 

public  lands,  use  by  telegraph  companies  (R.  S.,  5264) 144 

Strawberry  Valley,  Utah,  breeding  r?Bervation  for  birds,  establishment 219 

Street  car  fares,  reimbursement  for,  to  be  authorized  by  Secretary  (37  Stat.  L., 

269) 21 

Students,  Washington,  D.  C,  research  facilities,  list  (27  Stat.  L.,  395) 2S-29 

Study  facilities.  Government  departments  (31  Stat.  L.,  1010) 308 

Stuni])  Lake,  N.  Dak.,  breeding  reserA'ation  for  birds,  establishment 211 

Subpoenas,  witness.  United  States  courts  (R.  S.,  184,  187) 385 

Subsistence  supplies  furnished  by  War  Department  to  other  departments,  price, 

etc.  (36  Stat.  L.,  1037) 358 

Substitute,  double  salary,  prohibition  (R.  S.,  1763,  1765) 286,  288 

Suits  against  Government,  jurisdiction  of  Court  of  Claims  (36  Stat.  L.,  1136). .  386-387 

ofTicers,  nonabatement  (30  Stat.  L.,  822) 389 

Court  of  Claims,  information  to  be  furnished  by  departments  (R.  S.,  188).       386 
recovery  of  money  from  delinquent  officers,  regulations  (30  Stat.  L.,  822; 

R.  S.,  3624) 339,  389 

unlawful  occupancy  of  public  lands  (23  Stat.  L.,  321) 108 

Sundry  civil  appropriation  acts,  printing  and  binding  provisions 24 

Superintendent,  department  buildings,  tluties  of  chief  clerk  (33  Stat.  L.,  276). . .        13 
of  documents,  duties  in  regai'd  to  publications  (28  Stat.  L., 

610)  368-369 

Supervisor,  new  building,  appointment  and  salary  (32  Stat.  L.,  806) 28 

Supervisors,  forest,  selection  (33  Stat.  L.,  628) 171 

Supplies,  advertisements  for  proposals,  requirements 321-323 

duplicating  processes,  ete..  Public  Printer  to  furnish  to  departments 
(32  St.U.  L. ,  481 ) 365 

Eroposiils,  advertisement  requirements 321-323 
ecretary  authorized  to  purchase  from  contingent  fund  (37  Stat. 

L.,269) 23 

eubsietenee,  furnished  by  War  Department  to  other  departments, 

price,  etc.  (36  Stat.  L.,  1037) '. 358 

Supply  Committee,  General,  membership  and  duties  (36  Stat.  L.,  531) 322-323 

Supreme  Court  reports  and  digests,  distribution  (36  Stat.  L.,  1154) 372 

Sureties,  liability  on  official  bonds  (28  Stat.  L.,  807) 299 

official  bonds,  notification  of  deficiency  in  accounts  (25  Stat.  L.,  387).       289 

Surety  of  delinquent  officer,  execution  against  (R.  S.,  3628) 340 

Surgeon  General,  Army,  authority   to  appoint  expert  on   advisory  board   of 

Hygienic  Laboratory  (32  Stat.  L.,  712) 71 

member  board  of  appeals  on  imitation  butter  and 
filled-cheese  decisions  (24  Stat.  L.,  209;  29  Stat.  L., 

253) 14 

Navy,  authority  to  appoint  expert  on   advisory  board   of 

Hygienic  Laboratory  (32  Stat.  L.,  712) 71 

member  board  of  appeals  on  filled-cheese  decisions 

(24  Stat.  L.,209;  29  Stat.  L.,  253) 14 

Surplus  fund,  unexpended  balances,  provisions 319-320 

Survey  marks,  injuring  or  removing,  penalty  (35  Stat.  L.,  1099) 106-107 

Swine,  inspection  before  slaughter  lor  interstate  and  foreign  commerce  (34 

Stat.  L. ,  1256) 61 

See  also  Live  stock. 

Taft,  William  IT.,  Executive  orders  creating  and  enlarging  reservations  for 

g.jme  birds 219,  222-224 

Te.ichers,  special  courses,  provision  for  (34  Stilt.  L.,  1281) 244 

Tolegraras,  private,  over  Government  lines,  receipts  (22  Stat.  L.,  616) 383 

public,  laws  affecting 381-383 

Weather  Hureau,  destruction,  authority  (31  Stat.  L.,  191) 37 

Tolograph  company,  rights  not  transferable  (R.  S..5265) 144 

to  file  acceptiince  of  leg.il  restrictions  (R.  S.,  5268) 145 

use  of  materials  from  public  lancls  (R.  S.,  5264) 144 

Government  communication,  priority  in  transmission  (R.  S.,  5266). .       382 


I 


!l 


INDEX.  439 

Pa«. 

Telegraph,  Government  communications,  refusal  to  transmit,  penalty  (R.  S., 

5269) ; 382-383 

lines  connecting  public  buildings,  Washington,  i).  C,  supervision 

and  operation  (18  Stat.  L.,  14,  20) 381-382 

may  be  purchased  by  United  States  for  postal  and  other  pur- 
poses ( It.  S..  5267) 144 

public,  injury,  poiuilty  (35  Stat.  L.,  1088) 383 

use  01  public  doniain  (R.  S.,  5263) 144 

signal  stations,  authority  for  establishment  (R.  S.,  223) 35 

Telegraphs,  laws  affecting 381-383 

Telephone,  contracts  (36  Stat.  L.,  531) 323 

lines,  rights  of  way  tlirough  forest  reservations,  etc.  (31  Stat.  L., 

790) 143 

private  residences,  restrictions  on  payment  for  (37  SUit.  L.,  414)..       300 

Tern  Islands,  La.,  breeding  reservation  for  birds,  establishment 212 

'Territory,"  term  to  include  Alaska  and  insular  possessions  (34  Stat.  L.,  772; 

36  Stat.  L.,  335) 194,263 

Testing  grounds,  use  of  Potomac  Park  by  Department  of  Agriculture,  au- 
thorized (30  Stat.  L.,  1377) 25 

Testa,  seeds  of  grass,  etc.,  for  adulterations  (33  Stat.  L.,  276;  37  Stat.  L.,  269). .  77,  83 

Texas,  admission  of  tick-infested  cattle  (36  Stat.  L.,  1235) , 51 

fever  not  contagious  under  certain  conditions  (23  Stat.  L.,  32) 43 

Three  Arch  Rocks,  Oreg.,  breeding  reservation  for  birds,  esUiblishment 212-213 

Tick-infested  cattle,  admission  from  Mexico  to  Texas  (36  Stat.  L.,  1235) 51 

Timber  cutting  for  mining  and  domestic  purposes  (20  Stat.  L.,  88) 141 

Indian  reservations,  limitations  (32  Stat.  L.,  400) 114-116 

or  transporting  unlawfully,  public  lands,  penalty  (20  Stat. 

L.,  90;  35  Stat." L.,  1098) 104-105 

unlawful,  penalty  (20  Stat.  L..  89) 141-142 

to  be  reported  by  land-office  officials  (20  Stat.  L.,  88).       141 

dead,  removal  permission,  limitation  (37  Stat.  L.,  269) 92 

depredations,  public  lands  or  lands  reserved,  penalty  (20  Stat.  L.,  90; 

35  Stat.  L.,  1098) 104-105 

destruction  on  land  reserved  for  use  of  United  States  Navy  (R.  S., 

2461) 103 

exchange  Pecos  National  Forest  and  Zuni  National  Forest  (37  Stat. 

L.,  323) 133-134 

exportation  from  National  Forests,  permission  (37  Stat.  L.,  269) 92 

fire  setting  in  public  lands,  penalty  (35  Stat.  L.,  1098) 106 

Florida,  protection  and  preservation  (R.  S.,  2460) 103 

forest  reserves,  use  in  irrigation  works  construction  (33  Stat.  L.,  706)..       146 
lands,  Indian  reservations  clearing,  etc.,  limitations  (32  Stat.  L.,400). .  114-116 

National  Forests,  sale  and  free  use,  regulations  (30  Stat.  L.,  35) 88-90 

public  land,  use  by  telegraph  companies  (R.  S.,  5264) 144 

reserve,  Indian  reservation  apprai.sal  (35  Stat.  L.,  270,  272) 119, 121 

rights  reserved  to  owners  of  lands  purchased  under  Weeks  law  (36 

Stat.  L.,962) 100 

Bale,  national  forests,  regulations  (30  Stat.  L.,  35) 88-89 

sales,  Indian  reservations,  disposition  of  funds  (35  Stat.  L.,  270,  272). .  119, 121 

national  forests,  authority  of  Secretarv  (37  Stat.  L.,  269) 92 

on  Chippewa  Indian  pine  lands  (36  Stat.  L.,  855) 122 

UinUih  Indian  Reservation  (33  Stat.  L.,  1048) 131 

use  by  power  company,  limitation  (34  Stat.  L.,  166) 166,168 

on  Los  Angeles  waterworks,  limitation  (34  Stat.  L.,  801) 158 

Title  abstracts,  free  to  United  States  (25  Stat.  L.,  939) 385 

examination,  aid  of  Department  of  Justice  (R.  S.,  355;  25  Stat.  L.,  357, 

939) 359,384-385 

Titles,  approval  by  Attorney  General  (36  Stat.  L.,  962) 100 

land,  in  purchases  by  United  States,  regulations  (R.  S.,  355) 384-385 

Tortugas  Keys,  Fla.,  breeding  reservation  for  birds,  establishment.... 214 

Transfer,  books,  from  departments  to  Library  of  Congress  and  Public  Library, 

D.  C.  (32  Stat.  L.,  865) 369 

contracts,  prohibition  (R.  S..  3737)... 326 

Transfers,  employees,  provisions  and  restrictions  (34  Stat.  L.,  449;  36  Stat. 

L .,  3 )............. .   281,282 

Transit  over  public  lands,  obstruction,  prohibition  and  penalty  (23  Stat.  L., 
822) 108 


440        LAWS  APPLICABLE  TO  THE  DEPAKTMENT  OF  AGRICULTUEE. 

Pagt 
Transportation  companies,  shipping  live  stock  from  quarantined  districts,  regu- 
lations (33  Suit.  L.,  1264) 4 

diseased  live  stock,  prohibition,  authority  (23  Stat.  L.,  32) 4 

nursery  stock,  etc.,  regulations  (37  Stat.  L.,  317) 267,26 

public  property,  over  land-grant  roads,  no  payment  (18  Stat.  L., 

453) 35 

remains  of  deceused  employees,  restrictions  (30  Stat.  L.,  86)..      29 

Secretary  authorized  to  purchase  (34  Stat.  L.,  1256) 2 

Trapping  on  game  refuge,  prohibition  and  penalty  (33  Stat.  L.,  614;  34  Stat. 

L.,  607) 110, 11 

Travel  expenses,  allowance  (18  Stat.  L.,  452) 28 

authorization  (34  Stat.  L.,  1256;  36  Stat.  L.,  1235;  37  Stat.  L., 

269) 2 

Forest  Service,  limitation  (37  Stat.  L.,  269) 18 

of  officers  detailed  from  Accounts  to  other  divisions,  etc. 

(37  Stat.  L.,  294) 22 

reports  (35  Stat.  L.,  244) 314-31 

restrictions (34  Stat.  L.,  1256;  36 Stat.  L.,  1235;  37 Stat.  L.,  269).        2 
Treasurer,  United  States,  shall  issue  duplicate  receipts  for  public  moneys 

(R.  S.,3621) 32 

Treasury  Department,  settlement  of  public  accounts  (R.  S.,  236) 3c 

to  disburee  appropriations  for  buildings  (36  Stat.  L., 

1387) 347-3') 

Secretary,  approval  of  bonds  of  disbursing  clerks  (R.  S.,  176) 273-2/ 

authority  over  adulterated   or  misbranded   importations 

(34  Stat.  L.,  669) 185-lf 

to  condenm  land  for  public  buildings  (25  Stat. 

L.,  357) 3f 

enforce  insecticide  act  (36  Stat.  L.,  331). . .  258,  2t 
furnish  building  plans,  etc.,  to  other  depart- 
ments (36  Stat.  L.,  699). 359-3( 

prevent  exportation   of  diseased  live  stock 

(23  Suit.  L.,32) 

regulate  adulterated  food  and  drug  importa- 
tions, forfeitures,  etc.  (26  Stat.  L.,  415)..  184-1} 
select   building  sites,    restrictions,    etc.    (18 

Stat.  L.,  276) 3( 

transfer  Olmstead  lands  to  the  Secretary  of 

Agriculture  (37  Stat.  L.,  189) K 

transmit  to  Secretary'  of  Agriculture  consular 

reports  on  agriculture,  etc.  (R.  S.,  1713).. 

concurrence  in  designation  of  ports  as  quarantine  stations 

(26  Stat.  L.,  416) 

delivery  to  Agriculture  Secretary  of  imported  food  and 

drug  samples  (34  Stat.  L.,  772) l! 

estimates  for  furnished  by  other  departments  (18  Stat.  L., 

370;  31  Stat.  L.,  1009;  34  Stat.  L.,  448) 308,309,3 

member  of  food  and  drug  law  board  (34  Stat.  L.,  768) V 

Trees,  imported,  exemption  from  duty  (36  Stat.  L.,  11 ) 

young,  Nebraska  National  Forest,  furnishing  to  residents  (37  Stat.  L.,  269)      1 

Trespass,  grazing,  public  lands,  penalty  (35  Stat.  L.,  1099) IO6-I1 

Trust  moneys,  report.s,  false  entries  (36  Stat.  L.,  1355) 3. 

Turpentine  trees,  boxing,  penalty  (35  Stat.  L.,  1098) 105-1' 

Tuxedni,  Alaska,  breeding  reservation  for  birds,  establishment 2 

Typewriters,  exchange  authorized  (37  Stat.  L.,  269) 

Uintah  Forest  Reserve,  addition  to,  proceeds  from  timber  to  be  paid  to  Indiana        M 

(33  Stat.  L.,  1048) 1 

Indian  Reservation,  portion  added  to  forest  reserve,  water  rights,  etc. 

(33  Slat.  L.,  1048) 1 

Utah  forest  reservations,  suspension  of  withdrawal  from  public  domain  (30  Stat. 

.  I^  ,  34) 

timber  cutting  for  mining  and  domestic  purposes,  permit  (20  Stat.  L.,  88). 

Vacancies,  filling  (R.  S.,  177,  178,  179,  180,  181,  182) 27E 

Vcgotahlc  I'hyniology  and  Pathology  Division,  reorganized  into  Plant  Industry 

Hurrnui  (32  Stat.  L.,  286) 

Vegotables,  quarantine  regulations  (37  Stat.  L.,  317) 26S 


INDEX.  441 

Page. 

Vehicles,  carriers  of  diseased  live  stock,  forfeiture  (26  Stat.  L.,  414) 49 

department,  inarkiuij;,  and  exemptions  (33  Stat.  L.,  687) 306 

use  by  oflicers,  restrictions  on  payment  (33  Stat.  L.,  142,  687) 305-306 

Ventilating  apparatus,  now  buildinj,',  authorization  (32  Stat.  !>.,  806) 27, 28 

i  Vessels,  carriers  of  diseased  live  stock,  forfeiture  (26  Stat.  L.,  4 14) 49 

I  export  live  stock,  clearance  requirements  (34  Stat.  L.,  1256).        64 

'  examination  (26  Stat.  L.,  833) 70 

meat,  clearance  req^uirements  (34  Stat.  L.,  1256) 65 

I  infected  animals,  disinfection  (26  Stat.  L.,  416) 50 

I  meats,  clearance  for  foreign  ports,  requirements  (26  Stat.  L., 

1090) 55 

timber  reserved  for  use  of  United  States  Navy  (R.  S.,  2462).       103 

cattle,  clearance  for  foreign  ports,  requirements  (26  Stat.  L.,  1089) 55 

Veterinarians,  appointment  aa  quarantine  inspectors  by  Secretary  (26  Stat.  L., 

416) 49 

Voluntary  observers,  meteorological  instruments,  authority  to  supply  (26  Stat. 

L.,  371) 36 

service,  prohibition  (R.  S.,  3679) 316 

Vouchers,  outstanding  drafts  (R.  S.,  307) 344 

preparation  and  examination  by  heads  of  bureaus  and  divisions  (37 

Stat.  L.,  375) 338-339 

without  payment,  unlawful  (35  Stat.  L.,  1106) 353 

I  Wagon  roads,  to  be  rebuilt  by  railroads  in  certain  cases  (18  Stat.  L.,  482) 147 

War  Department,  duty  to  furnish  subsistence  supplies  to  other  departments, 

price,  etc.  (36  Stat.  L.,  1037) 358 

ordnance  sales  or  transfers  to  other  departments  (37  Stat.  L., 

589) 358 

Secretary,  acquisition  of  private  land  in  Crow  Creek  National  Forest  (35 

j  Stat.  L.,  42) 134 

I  authority  for  meteorological  observations  (R.  S.,  221) 35 

signal  station  reports  (R.  S.,  222) 35 

over  Potomac  Park  (30  Stat.  L.,  1377) 25 

to  furnish  meteorological  instruments  to  voluntary 

observers  (26  Stat.  L.,  371) 36 

jurisdiction  over  portion  of  Arlington  estate,  lines,  etc.  (31  Stat. 

L.,  135) 25-26 

with  other  Se^etaries,  control  of  national  monuments  (34  Stat. 

L.,  225)....:. 110 

Warrant,  .distress,  delinquent  officer  and  sureties,  issue  and  execution  (R.  S., 

3624-3638) 339-342 

Wart,  potato,  quarantine  (37  Stat.  L.,  317) 267 

Wasatch  National  Forest,  rights  of  way  to  Salt  Lake  City  for  reservoir  purposes 

(37  Stat.  L.,  197) 162-163 

Washington,  Alexandria  &  Mount  Vernon  Railway  Co.,  rights  of  way  not  im- 
paired (31  Stat.  L.,  135) 26 

D.  C,  research  facilities  for  students  and  investigators,  list  (27 

Stat.  L.,  395} 28-29 

forest  reservations,  suspension  of  withdrawal  from  public  domain 

■  j  (30  Stat.  L.,  34) 87 

■I  reserves,  limitation  of  creation  (34  Stat.  L.,  1256;  36  Stat. 

I  I  L.,  847) 91-92,98 

i  I  Waste  papers  in  departments,  report,  examination,  and  sale  or  other  di.sposal 

I  I      (25  Stat.  L.,  672) 376 

Watchmen,  department,  police  powers  and  duties  (35  Stat.  L.,  1039) 22 

salaries  (R.  S.,  167) 283 

Water  plantfl,  canals,  ditches,  etc.,  right  of  way  over  forest  reserves  (30  Stat.  L., 

1214) 149 

dams,  etc.,  forest  reservations  and  other  public  lands  (31  Stat. 

L.,  790) 143 

rights,  Uintah  Indian  Reservation  and  forest  reserve  (33  Stat  L.,  1048)..       131 
;  sale  or  rent,  restriction  (34  Stat.  L.,  803) 159 

I I  Waters,  use  on  national  forests 91 

,  1  Watersheds,  protection,  laws  affecting 98-102 

'^ '  WaU^rworks,  Boulder,  <olo.,  grant  in  Boulder  County  (34  Stat.  L.,  1223) 161-162 

Los  Angeles,  Cal.,  lands  granted  for  rights  of  way,  etc.  (34  Stat.  L., 

,,  801-803) 157-160 

^i 


442        LAWS  APPLICABLE  TO  THE  DEPARTMENT  OF  AGRICULTURE. 

Fase. 

"Weather  Bureau,  appropriations,  preparation  of  estimates,  etc.  (26  Stat.  L.,  654).        34 

to  be  made  with  those  of  department  (26  Stat. 

L.,  654) 34 

chief,  appointment,  salary,  etc.  (26  Stat.  L.,  653) 34 

duties  (26  Stat.  L.,'653) 33-34 

contingent  expenses  (37  Stat.  L.,  269) 39-10 

documents,  printing,  limitations,  etc.,  note 37 

establishment  (26  Stat.  L.,  653) 33 

force,  transfer  from  Signal  Corps  (26  Stat.  L. ,  653) 34 

f:eneral  expenses  (37  Stat.  L. ,  269) 40 
aws  affecting 33-40 

maps  and  charts,  authority  to  print  (28  Stat.  L.,  601) 24 

personnel,  changes,  authority  of  Secretary  of  Agriculture  (28 

Stat.  L.,  727)... .' 35 

preparation  of  estimates  (26  Stat.  L.,  653) 34 

printing  office,  control  (28  Stat.  L.,  605) 363 

promotion  of  employees  (28  Stat.  L. ,  264) 35 

reports,  number,  allotment  (28  Stat.  L.,  612,  613) 38 

of  chief,  authority  for  extra  copies  (28  Stat.  L.,  601).  37-38 
salaries,  contingent,  and  general  expenses  (37  Stat.  L.,  269)..  39-40 
transfer  from  War  Department  (26  Stat.  L.,  653;  32  Stat.  L.303).  12, 33 

forecasts,  counterfeiting,  penalty  (35  Stat.  L..  1088) 38 

warnings,  etc.,  counterfeiting,  penalty  (33  Stat.  L.,  861) 38-39 

m9lesting,  penalty  (33  Stat.  L.,  861) 38-39 

maps,  appropriations,  specific  provision  (24  Stat.  L.,  266) 36 

reports  and  cards,  distribution  not  transferred  to  Public  Printer  (37 

Stat.  L.,  360) 370 

Service,  reorganized  as  Weather  Bureau  and  transferred  from  War 

Department  (32  Stat.  L.,  303) 12 

signals,  mail  car,  authority  (29  Stat.  L.,  108) 36 

Weeks  laws,  purchase  of  forested  watersheds  (36  Stat.  L.,  961-963) 98-101 

Wichita  Forest  Reserve,  set  aside  for  birds  and  game  refuge  (33  Stat.  L.,  614; 

34  Stat .  L. ,  3062) : 110-111 

Willow  Creek,  Mont.,  breeding  reservation  for  birds,  establishment 219 

Wind  Cave  National  Game  Reserve,  establishment  in  South  Dakota  (37  Stat. 

L.,  293) 226 

Winnebigoshish  Reservation,  timberlands,  provisions  (32  Stat.  L.,  400;  35  Stat. 

L.,  270) $ 114-116, 120 

Wisconsin,  Menominee  Indian  Reservation,  logging  permit  (36  Stat.  L.,  1058).        93 

Withholding  public  money,  penalty  (R.  S.,  3619) 335 

Witnesses,  subpoena.s,  United  States  courts  (R.  S.,  184,  187) 385 

Women,  eligibility  to  clerk-ships  (R.  S.,  165) 279 

Wood,  imlp,  export  Iroui  Alaska,  permis-sion  (33  Stat.  L.,  628) 93 

Workmen,  day's  work,  eight  hours  (R.  S.,  3738;  27  Stat.  L.,  340;  37  Stat.  L., 

137) 326-329 

Worm,  army.    See  Army  worm. 

Wyoming  forest  reservations,  suspension  of  withdrawal  from  public  domain  (30 

Stat.  L.,  34) 87 

reserves,  limitation  of  creation  (34  Stat.  L.,  1256;  36  Stat.  L., 

847) 91-92, 98 

timber  cutting  for  mining  and  domestic  purposes,  permit  (20  Stat. 
L.,88) 141 

Yearbook  (Secretary's  Annual  Report,  pt.  2),  extra  copies,  etc.  (28  Stat.  L., 

601) 24 

Yellowstone  Forest  Reserve,  homestead  laws  (34  Stat.  L.,  62) 140 

Yosemite  National  Park,  lands  included  in  Sierra  Forest  Reserve  (33  Stat.  L., 

702) 125-127 

Valley,  recession  by  California,  disposition  of  lands  (34  Stat.  L.,  831).  127-130 
Yukon  Delta,  Alaska,  breeding  reservation  for  birds,  establishment 221 

Zoological  Park,  aid  of  heads  of  departments  (26  Stat.  L. ,  78) 307-30? 

Zuni  National  Forest,  Fort  Wingatc  miliUiry  reservation  made  part  of  (37  Stat. 

I,.,  269) I3f 

lands  exchanged  for  timberlands,  Pecos  National  Forest 

(37  Stat.  L.,  323) 133-13^ 


*H.. 


L. 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 
OFFICE  OF  THE  SOLICITOR. 

FRANCIS  G.  CAFFEY,  Solicitor. 


LAWS  APPLICABLE 

TO  THE  UNITED  STATES 

DEPARTMENT  OF  AGRICULTURE 


FIRST  SUPPLEMENT. 

EMBRACING  STATUTES  AND  PARTS  OF  STATUTES,  APPLICABLE  TO 

THE^UNITED  STATES  DEPARTMENT  OF  AGRICULTURE, 

ENACTED  FROM  AUGUST  28,  1912.  TO 

MARCH  4,  1913,  INCLUSIVE. 


( 


or  f.i- 

ur«»v£r  *^t 


Compiled  by 
OTIS    H.    GATES, 

UNDER  THE  DIRECTION  OF  THE  SOLICITOR. 


WASHTNGTON: 

GOVERNMENT  PRINTING  OFFICE. 

1913. 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 
OFFICE  OF  THE  SOLICITOR. 


FRANCIS  G.  CAFFEY,  Solicitor. 


LAWS  APPLICABLE 

TO  THE  UNITED  STATES 

DEPARTMENT  OF  AGRICULTURE 


FIRST  SUPPLEMENT. 

EMBRACING  STATUTES  AND  PARTS  OF  STATUTES,  APPLICABLE  TO 

THE  UNITED  STATES  DEPARTMENT  OF  AGRICULTURE, 

ENACTED  FROM  AUGUST  28.  1912,  TO 

MARCH  4,  1913,  INCLUSIVE. 


Compiled  by 
OTIS    H.    GATES, 

UNDER  THE  DIRECTION  OF  THE  SOLICITOR. 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICE. 

1913. 


LETTER  OF  TRANSMITTAL. 


U.  S.  Department  of  Agriculture, 

OrriCE  OF  the  yoLiciroR, 
Washington,  D.  6'.,  July  7,  1913. 

Sir:  I  have  the  honor  to  transmit  herewith  a  digest  of  the  laws 
applicable  to  the  Department  of  Agriculture,  compiled  under  my 
direction  b}'  Mr.  Otis  H.  Gates,  of  this  office,  supplementing  a  pre- 
vious compilation  embracing  such  laws  down  to  and  including  the 
session  of  Congress  ending  August  27,  1912. 

I  reconmiend  the  publication  of  this  supplement  for  the  use  of  the 
officers  and  employees  of  the  department. 
Respectfully, 

Francis  G.  Caffey, 

Solicitor. 
lion.  David  F.  Houston, 

Secretary  of  Agriculture. 


CONTENTS. 

'rovisions  relating  to  the  Department  of  Agriculture 5 

Establishment  and  organization  of  the  department — The  Secretary  and 

other  officers — Miscellaneous  provisions 5 

Weather  Bureau 10 

(Bureau  of  Animal  Industry 12 

I      Bureau  of  Plant  Industry 17 

Forest  Service 22 

Bureau  of  Chemistry 36 

Bureau  of  Soils 38 

Bureau  of  Entomolog^' 39 

Bureau  of  Biological  Survey 40 

Division  of  Accounts  and  Disbursements 43 

Division  of  Publications 43 

r        Bureau  of  Statistics 44 

Library 45 

Office  of  Experiment  Stations 46 

Office  of  Public  Roads 47 

Insecticide  act  of  1910 48 

Plant  quarantine  act  of  August  20,  1912 49 

'ro visions  relating  to  the  public  service  in  general 50 

Officers,  clerks,  and  employees 50 

Estimates  and  reports 51 

Appropriations 51 

Contracts 51 

Public  moneys  and  accounting 53 

Public  property 53 

Public  buildings  and  grounds 53 

Public  printing 53 

Public  documents 53 

Franks  and  franking 53 

Telegraphs 53 

Legal  services  and  claims 53 

ndex 54 

3 


PROVISIONS  RELATING  TO  THE  DEPARTMENT  OF 

AGRICULTURE. 


2STABLISHMENT  AND  ORGANIZATION  OF  THE  DEPARTMENT— 
THE  SECRETARY  AND  OTHER  OFFICERS— MISCELLANEOUS  PRO- 
VISIONS. 

See  "Laws  Applicable  to  the  United  States  Department  of  Agriculture."  1912. 

pp.  9-33. ) 

VCT  MARCH  4.  1913,  c.  145.      (37  Stat.  828.) 

iommission  to  investigate  and  study  in  European  countries,  cooperative  land- 
mortgage  banks,  rural  credit  unions,  etc.;  expenses;  appropriation;  report  to 
Congress. 

That  the  President  of  the  United  States  shall  appoint  a  commission 
omposed  of  not  more  than  seven  persons  who  shall  serve  without 
,;onipensation  to  cooperate  with  the  American  commission  assembled 
;mder  the  auspices  of  the  Southern  Commercial  Congress  to  investi- 
gate and  study  in   European  countries  cooperative   land-mortgage 
)anks,  cooperative  rural  credit  unions,  and  similar  organizati(ms  and 
nstitutions  devoting  their  attention  to  the  promotion  of  agriculture 
md  the  betterment  of  rural  conditions,  and  for  the  purpose  of  its 
'nvestigations  the  commission  shall  be  authorized  to  incur  and  have 
3aid  upon  the  certificate  of  its  chairman  such  expenses  in  the  city  of 
Washington  and  elsewhere  for  the  payment  of  the  salaries  of  em- 
iloyees,  clerks,  stenographers,  assistants  and  such  other  necessary 
xpenses  as  the  commission  may  deem  necessary:  Provided,  That  the 
.otal  expenses  incurred  for  all  purposes  shall  not  exceed  the  sum  of 
'S25,000.  and  the  said  commission  shall  subjuit  a  report  to  Congress 
lis  early  as  practicable,  embodying  the  results  of  its  investigations 
md  such  recommendations  as  it  may  see  fit  to  make. 

Act  MmvcIi  4.  1013,  c.  145.  37  Stat.  855. 

This  is  a  para^'raph  of  the  agricultural  appropriation  act.  uiitlti-  the 
heading  "  >riscellaneous."  for  the  fiscal  year  1914,  cited  ahove. 

ACT  MARCH  4,  1913.  c.  145.      (37  Stat.  828.) 

Lump-sum  appropriations  for  Department  of  Agriculture  available  for  increased 
compensation  of  employees  engaged  in  scientific  or  technical  work;  trans- 
fers of  employees  engaged  at  specific  salaries  and  increased  compensation 
from  lump-sum  appropriations,  not  affected. 

That  hereafter  section  seven  of  the  Act  approved  August  twenty- 
sixth,  nineteen  hundred  and  twelve  (Thirty-seventh  Statutes,  page 
six  hundred  and  twenty-six),  and  any  amendments  thereto,  shall  not 
apply  to  the  payment,  out  of  money.s  appropriated  or  which  may  be 
hereafter  appropriated  in  lump  sum  for  the  Department  of  Agri- 
culture, for  personal  services  of  employees  engaged  in  strictly  si'i<Mi- 
.tifie  or  technical  work:  Provided,  That  "nothing  contained  liereiii  .shall 

5 


6  LAWS  APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

bo  oonstrnod  to  authorize  the  transfer  of  any  person  employed  at  a 
siK'cific  salary  and  the  payment  of  compensation  from  lump-sum 
appropriations  at  a  rate  greater  than  said  specific  salary. 

Rate  of  compensation  of  officers  and  employees  fixed. 

And  hereafter  every  officer  or  employee  of  the  Department  of 
Agriculture  whose  rate  of  compensation  is  specified  herein  shall  re- 
ceive compensation  at  the  rate  so  specified. 

Act  March  4,  lOIS.  c.  145.  37  Stat.  854. 

These  are  provisions  of  the  asricultiiral  appropriation  act  for  the  fiscal 
year  1914,  cited  above. 

Section  7  of  act  August  26,  1912.  c.  408,  mentioned  above,  is  set  forth 
in  "  Laws  Applicable  to  the  United  SUites  Depai-tment  of  Agriculture,'' 
1912,  p.  285. 

ACT  MARCH  4,  1913,  c.  145.      (37  Stat.  828.) 

Expenses  of  delivery  of  lectures,  giving  instruction,  and  acquiring  information 
at  meetings,  authorized. 

That  nothing  contained  in  the  Act  making  appropriations  to  pro- 
vide for  the  expenses  of  the  Government  of  the  District  of  Columbia 
for  the  fiscql  year  ending  June  thirtieth,  nineteen  hundred  and 
thirteen,  and  for  other  purposes.  approAod  Juno  tAventy-sixth,  nine- 
teen hundred  and  twelve,  shall  bo  so  construed  as  to  prohibit  the 
pajnnent  from  the  appropriations  for  the  Department  of  Agriculturt' 
of  expenses  incidental  to  the  delivery  of  lectures,  the  giving  of  in- 
struction, or  the  acquiring  of  information  at  meetings  l\v  its  em- 
ployees on  subjects  relating  to  the  work  of  the  department  authorized 
by  law. 

Act  March  4,  1913,  c.  145.  37  Stat.  854. 

This  is  a  paragraph  of  the  agricultural  approjiriatlon  act,  under  th( 
heading.  "Miscellaneous."  for  the  fi.scal  year  1914.  cited  above. 

Act  June  20,  1912.  c.  182.  s.  8,  mentioned  in  and  construed  by  thiJ 
provision,  is  set  forth  in  "  Laws  .Applicable  to  the  United  Stales  Depart 
ment  of  Agriculture,"  1912,  p.  287.  ^ 

ACT  MARCH  4,  1913,  c.  145.  An  act  making  appropriations  for  the  Departmen 
of  Agriculture  for  the  fiscal  year  ending  June  thirtieth,  nineteen  liundrec 
and  fourteen.     (37  Stat.  828.) 

That  the  following  sums  be,  and  they  are  hereby,  appropriated 
out  of  any  money  in  the  Treasury  of  the  United  States  not  otherwis« 
appropriated,  in  full  compensation  for  the  fiscal  year  ending  Jun" 
(hirtiedi.  nineteen  hundred  and  fourteen,  for  the  purposes  and  object 
hereinafter  expres.sed,  namely: 

Df^PARTMEXT  OK  AGRICULTURE. 

Salarie.-^,  Offhe  or  the  Secri-:tary  of  Aoriculti  ije:  Socretar 
of  Agriculture,  $12,000;  Assistant  Secretarv  of  Agriculture,  $5,000 
.solicitor,  $5,000:  chief  clerk.  $3,000,  and  $5()0  additional  as  custodial 
of  buildings:  private  secretary  to  the  Secretary  of  Agriculture. $2,500 
steuograplier  and  executive  clerk  to  the  Secretary  of  Agricultnn 
$2,250;  private  secretary  to  the  Assistant  Secretary  of  Agriculture 
$1,000;  stenographer  to  the  Assistant  Secretary  of  Agriculture,  $1,400 
one  appointment  .lerk.  $2,000;  one  chief  of  "supplv  division.  $2,00C 
one  inspector.  $2,7.'.n:  one  law  clerk,  $3,000;  two  law  clerks,  at  $2.50 


LAWS   APPLICABLE   TO   DEPARTMENT   OF  AGRICULTUKE.  7 

^each;  six  law  clerks,  :it  $2,250  each;  one  law  clerk,  $2,200;  ei«rht  law 
clerks,  at  $2,000  each ;  four  law  clerks,  at  $1,800  each ;  three  law  clerks, 
lat  $1,C00  each;  one  special  agent  on  exhibits,  $3,000;  one  telegraph 
land  telephone  operator,  $1,G00;  three  clerks,  class  four;  six  clerks, 
J  class  three;  nine  clerks,  class  two;  eighteen  clerks,  class  one;  eight 
clerks,  at  $1,000  each;  six  clerks,  at  $900  each;  one  clerk,  $840; 
fourteen  messengers  or  laborers,  at  $840  each ;  ten  assistant  messengers 
lor  laborers,  at  $720  each;  one  chief  engineer,  $2,000;  one  assistant 
chief  engineer,  $1,400;  one  assistant  engineer,  $1,200;  two  assistant 
engineers,  at  $1,000  each;  seven  firemen,  at  $720  each;  eight  elevator 
conductors,  at  $720  each;  one  construction  inspector.  $1,400;  five 
cabinetmakers  or  carpenters,  at  $1,200  each;  two  cabinetmakers  or 
carpenters,  at  $1,100  each;  eight  cabinetmakers  or  carpenters,  at 
$1,020  each;  two  cabinetmakers  or  carpenters,  at  $000  each;  one 
electrician,  $1,100;  one  electrical  wireman.  $1,000;  one  electrical 
[wireman,  $900;  two  electrician's  helpers,  at  $720  each;  two  painters, 
at  $1,000  each;  two  painters,  at  $900  each;  five  plumbers  or  steam 
fitters,  at  $1,020  each;  one  plumber's  helper,  $840;  two  plumber's 
helpers,  at  $720  each:  one  blacksmith,  $900;  one  lieutenant  of  the 
watch.  $1,000;  thirtv-four  watchmen,  at  $720  each;  five  mechanics, 
at  $1,200  each;  two  "skilled  laborers,  at  $900  each;  one  janitor,  $900; 
eighteen  assistant  messengers,  messenger  boys,  or  lal)orers,  at  $600 
'each;  twenty-one  laborers,  messenger  boys,  or  charwomen,  at  $480 
each;  one  charwoman,  $540;  eight  charwomen,  at  $240  each  ;  for  extra 
labor  and  einergencv  emplovments.  $14,000. 
Total  for  Office  of  the  Secretary,  $303,820. 

!f>  SfC  •}!  Sjl  I|t  !p  Jj! 

Act  March  4.  1913.  c.  145.  37  Stat.  828. 

Portions  of  the  iict,  liere  omitted,  consist  of  approLiri.-itioiis  for  salaries 
and  general  expenses  of  the  Weather  Bureau,  Bureau  of  Animal  Industry, 
Bureau  of  Plant  Industry.  Forest  Service.  Bureau  of  Cboniistry.  Bureau 
of  Soils,  Bureau  of  Entomology.  Bureau  of  Biological  Survey.  Division  of 
Accounts  and  Disbui'sements,  Division  of  Publications.  Bureau  of  Statis- 
tics, and  Library.  These  provisions  are  set  forth  hcroafter  under  the 
headings  of  the  respective  bureaus  and  divisions  to  which  they  i)ertain. 

CONTINGENT    EXPENSES. 

CONTINOENT    EXPENSES,    DEPARTMENT    OF     AGRICULTURE:     For    sta- 

Jtioner}^  blank  books,  twine,  paper,  gum,  dry  goods,  soap,  brushes, 

'brooms,  mats.  oils,  paints,  glass,  lumber,  hardware,  ice,  fuel,  water 

and  gas  pipes,  heating  apparatus,  furniture,  carpets,  and  matting;  for 

lights,  freight,  express  charges,  advertising,  telegraphing,  telephoning, 

postage,  washing  towels,  and  necessary  repairs  and  improvements  to 

buildings,  grounds,  and  heating  apparatus;  for  the  purchase, subsist- 

■    ence,  and  care  of  horses  and  the  purchase  and  repair  of  harness  and 

vehicles,  for  official  purposes  only;  for  the  payment  of  duties  on  im- 

1    ported  articles,  and  the  Department  of  Agriculture's  pro|)ortionate 

)  ■  share  of  the  expense  of  the  disjiatch  agent  in  New  York;  for  official 

••  traveling  expenses;  and  for  other  miscellaneous  supj)lies  and  expen.ses 

(lot   otherwise   provided   for,   and   neccs-sary   for  the   practical    and 

I ,  efficient  work  of  the  department.  $100,000:  Prort'ded,  That  of  this 

J    amount  not  exceeding  $1,000  may  l)e  used   for  the  purchase  of  an 

'i  I  oil  painting  of  Honorable  James  AVilson,  former  Secretary  of  the 


8  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

Department  of  Agi'iculture,  which  portrait  shall  not  be   accepted 
until  it  shall  have  been  approved  by  the  Commission  of  Fine  Arts. 

KENT    IN    THE   DISTRICT  OF    COLUMBIA. 

Kent  of  Buildings.  Department  of  Agriculture:  For  rent  of 
buildings  and  parts  of  buildings  in  the  District  of  Columbia  for  use 
of  the  various  bureaus,  divisions,  and  offices  of  the  Department  of 
Apiculture,  namely : 

For  Bureau  of  Animal  Industrv.  $2,220; 

For  Bureau  of  Plant  Industry,  $26,420; 

For  Forest  Service,  $25,075 ; 

For  Bureau  of  Chemistry,  $17,320 ; 

For  Bureau  of  Soils,  $306 ; 

For  Division  of  Publications,  $5,000; 

For  Office  of  Solicitor,  $2,160; 

For  Office  of  Experiment  Stations,  $5,000; 

For  Office  of  Public  Roads,  $3,500 ; 

For  additional  rent  in  cases  of  emergency  for  an}'  bureau,  division, 
or  office  of  the  department,  $11,328; 

In  all,  $98,329. 

Act  March  4,  1913,  c.  145,  37  Stat.  850. 

Portions  of  the  net,  here  omitted,  consisting  of  appropriations  foi 
salaries  and  general  expenses  of  the  Office  of  E]xi)eriment  Stations  anc 
Office  of  Public  Roads,  are  set  forth  hereafter  under  respective  headings 
of  the.se  offices. 

And  not  to  exceed  ten  per  centum  of  the  foregoing  amounts  forth( 
miscellaneous  expen.ses  of  the  work  of  an}*  bureau,  division,  or  offic( 
herein  provided  for  shall  be  available  interchangeably  for  expend! 
tures  on  the  objects  included  within  the  general  expenses  of  sucl 
bureau,  division,  or  office,  but  no  more  than  ten  per  centum  shall  b< 
added  to  any  one  item  of  appropriation  except  in  cases  of  extraordi 
nary  emergency,  and  then  only  upon  the  written  order  of  the  Secre 
tary  of  Agriculture. 

Total,  Department  of  Agriculture,  for  routine  and  ordinarv  work 
$17,376,945. 

Act  March  4.  1913.  c.  145,  37  Stat.  S53. 

The  above  are  provisions  of  the  agricultural  appropriation  act  for  th 
fiscal  year  1914,  cited  above. 

:miscellaneous. 

And  (lie  Secretary  of  Agriculture  is  hereby  authorized  to  con 
tinue  investigations  on  the  cost  of  food  supplies  at  the  farm  and  t 
the  consumer,  and  to  disseminate  the  result  of  such  investigations  i 
whatever  manner  he  may  deem  best. 

♦  *  ♦  *  *  :i«  * 

An  appropriation,  here  omitted,  for  carrying  Into  effect  ihe  provisior 
of  art  A])ril  2*i.  TJlO,  c.  191,  is  sot  forth  on  p.  4S,  post,  nndor  "  Insect 
cldo  Act  of  1910." 

An  ajipropri.'ition,  here  omitted,  for  fighting  and  preventing  fore; 
fires  in  oniorgoiicies.  is  set  forth  mi  j).  35,  post,  under  "  Forest  Service." 

To  enabU>  the  Secretary  of  Agriculture  to  meet  tlie  emergenc. 
c-nii';o<l  h\  the  continuous  sin-ead  of  the  chestnut-bark  disease  by  cor 


LAWS  APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE.  9 

jinuing  the  study  of  the  nature  aiul  habits  of  the  parasitic  fungus 
ausing  the  disease,  for  the  purpose  of  discovering  new  methods  of 
I  ontrol,  and  by  putting  into  application  niethcKls  of  control  already 
iscovered,  $80,000,  and  the  Secretary  of  Agriculture  is  hereby  au- 
horized  to  expend  said  appropriation  in  such  manner  as  he  shall 
eem  best,  in  cooperation  with  the  authorities  of  the  States  concerned 
•r  with  individuals,  and  to  })ay  all  necessary  expenses  for  the  employ- 
iient  of  investigators,  local  and  special  agents,  experts,  assistants, 
nd  all  labor  and  other  necessary  expenses,  including  rent,  in  the 
district  of  Columbia  and  elseAvhere.  as  may  be  required :  Provided^ 
That  of  this  sum  not  exceeding  $10,000  shall  be  used  in  the  study  of 
he  relation  of  insects  to  the  chestiuit-bark  disea-^e. 

ft*  *  *  *  ■)f  if  * 

An  appropriation,  here  omitted.  f(ir  cirryins  into  effect  the  provisions 
of  nrt  Autrnst  20,  1012.  e.  SC^,  and  ;i  jn-ovisn  annexed  thereto,  anthorizing 
the  importation  of  nnrsery  stock,  jilant.s.  etc..  and  plant  jtrodncts  for  ex- 
perimental and  scientific  pnrposes,  are  set  forth  on  p.  49.  pos^  nnder 
"  Plant  Quarantine  Act  of  August  20.  1912." 

An  aiiprojiriation.  here  omitted,  for  efl'ecting  an  exchange  of  lands  and 
indenmit.v  riglits  with  tlie  State  of  Montana,  is  set  forth  on  p.  35.  post, 
nnder  "  Forest  Service." 

To  enable  the  Secretary  of  Agriculture  to  acquire  and  to  diffu.se 
I  .mong  the  people  of  the  United  States  useful  information  on  sub- 
* 'ects  connected  with  the  marketing  and  distributing  of  farm  prod- 
,^  ;icts,  and  for  the  employment  of  persons  and  means  neces.sary  in  the 
"^  ity  of  Washington  and  elsewhere,  there  is  hereby  appropriated  the 
.  ,um  of  $50,000.  of  which  sum  $10,000  shall  be  immediately  available. 

«>    j  *  *  *  *  *  *  =!■■ 

X.  A  paragraph,  here  omitted,  construing  the  aitplicatiun  to  the  Depart- 

.;  ment  of  Agriculture,  of  act  June  20.  1912.  c.  1S2.  and  relating  to  payment 

"^J'  of  e.vpensos  incidental  to  the  delivery  of  lectures,  the  giving  of  insiruc- 

Ij-  tion.  or  acquiring  of  information  at  meetings  hy  its  employees  on  suh- 

rl-  jects  relating  to  the  worlc  of  the  department,  is  set  forth  on  p.  0.  onic. 

J*,  Paragraphs,  here  omitted,  construing  the  ai)plicati(m  to  the  Department 

t  of  Agriculture  of  section  7.  act  August  2G.  1912.  and  amendments  tliereto, 

and  relating  to  tlie  payment,  from  lump  sum  aiipn>i)riati<>ns.  of  compensa- 
tion to  employees  of  tiie  Department  of  Agriculture,  arc  set  forlli  on  p.  .''», 
ante. 


i\ 


To  enable  the  Secretary  of  Agriculture  to  coo])erate  with  and  make 

*'m  exhibit   at  the  next  "^annual   meeting  of  the   International   Dry 

:.and  Congress,  to  be  held  at  Tulsa.  Oklahoma,  during  the  fiscal  year 

mding  June  thirtieth,  nineteen  hundred  and   fourteen,  illustrative 

)f  the  investigations,  products,  and  processes  relating  to  farming  in 

31  he  siibhumid  region  of  the  United  States,  including  labor  and  all 

fixpenses  in  the  city  of  AVashiugton  and  elsewhere.  $20,000,  to  be 

"  mmediately  available. 

******* 

An  appropriation,  here  omitted,  for  cooperation  with  the  States  in  the 
prote<-tion  from  firo  of  forested  watersheds  of  navigable  streams  under 
Ijrovisions  of  .-icl  .March  1.  1911.  c.  ISC.  and  a  proviso  annexed  thereto  re- 
api)roiiriatiiig  une.\i»entlcd  l..ilaiices  of  a  jirevious  appropriation,  are  set 
forth  on  ]).  .■;.".  jtoxt.  luidcr  "  I'oi-est  Service." 

Provisions,  liere  omitted,  jimending  se<-tion  9.  act   March  1.  1911.  and 
^  :  relating  to  the  eflect  of  riglits  of  way.  eawMuents.  and  reservations  iu 

en^  lands  acquinsl    l.y    the    liiiled    St.ites   under   said  act.   are  set  forth  ou 

p.  24.  jumt.  under  "  Forest   Service." 


2600—13 2 


10  LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

A  paragr:ii)li.  here  omitted,  providins:  for  the  appointment  and  expense 
of  a  eoumiissinii  to  investifrato  and  stud.v  in  Enropean  i-ountries,  co 
operative  Jand-iiiortpi^'e  l)anl<s,  rural  credit  unions,  etc..  and  niakin; 
an  appropriation  therefor,  are  set  forth  on  ]).  .">.  ante. 

Total  carried  by  this  bill  for  the  Department  of  Agriculture 
$17,980,945. 

Act  March  4,  1!»13,  c.  l-t.j.  37  Stat.  853. 

WEATHER  BUREAU. 

(See    ■'  Laws    Ai>plicable    lo    tlie    Uniteil    Slates   Department    of   Agriculture. 

r.»12.   pp.  33-40.) 

ACT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Traveling  expenses  of  officers  and  employees  of  the  Weather  Bureau  transferre 
from  one  station  to  another. 

Hereafter  officials  and  employees  of  the  Weather  Bureau,  -whe: 
transferred  from  one  station  to  another  for  official  duty,  shall  b 
allowed  all  traveling  expenses  authorized  by  existing  laws  applicabl 
to  said  bureau,  notwithstanding  any  changes  in  appointments  tha 
may  be  required  by  such  transfers;     *     *     *, 

Act  March  4,  1913,  c.  145,  37  Stat.  830. 

This  is  a  provision  of  the  agi'icultural  appropriation  act  for  tlie  fisci 
year  1914,  cited  above. 

A  similar  jtrovision  for  the  allowance  to  othcers  and  employees  of  tl 
Dei>artment  of  Agriculture,  when  transferred  from  one  staticm  to  anothe 
(»f  actual  traveling  expenses,  including  charges  for  the  transfer  of  the 
effects  and  per.sonal  property  used  in  otficial  work,  under  authority  ar 
regul.itious  of  the  Secretary  of  Agriculture,  contained  in  the  agricultur 
appropriation  act  for  the  tiscal  year  1912,  act  March  4,  1911,  c.  286, 
set  forth  in  "  Laws  Applicable  to  the  United  States  Department  • 
Agriculture,"  1912,  i).  21. 

I'rovisions  for  the  allow.-ince  to  otticials  and  employees  of  the  Depai 
ment  of  .\gricul(ure  traveling  on  otlici.il  business,  of  necessjiry  railroj 
.•Mid  steamboat  f:ires.  sleeping  berth,  and  stateroom  on  steamboats,  live 
hire  and  stage  fare.  etc..  and  for  a  per  diem  allowance  in  a<ldition  to  the 
regular  .salaries,  in  lieu  of  snbsi.st«uce  and  all  other  traveling  e.\i)eus« 
to  be  tix(Ml  by  the  Secretary-  of  Agriculture  under  such  regulations  as  1 
may  prescrii)e.  contained  in  th(>  agricultural  approiu'iation  :ict  for  tl- 
tiscal  ye:ir  19L'!.  act  August  1(».  1912.  c.  2S4.  are  set  forth  in  "  \.n\ 
.\pl)licable  lo  the  I  >ep.inuuMit  of  .Agriculture,"  1912,  p.  21. 

ACT  MARCH  4.  1913,  c.  145.      (37  Stat.  828.) 

WEATHKK  BUREAU. 

Salaries.  Weather  lU  reai' :  One  chief  of  bureau.  $(5,000;  oil 
assistant  chief  of  bureau.  ^li.iJ.^O:  one  chief  ck'rU  and  c.xecutili 
assistant,  $3.0(X);  one  chief  of  printing  division.  $'2.r)()();  three  chiel 
of  division,  at  $2,000  each:  seven  ck>rks.  chiss  four;  nine  clerks,  clai 
tliree;  twenty-one  ck'rks.  class  two:  thirty  clerks,  class  one;  twent*? 
two  clerks,  at  $1.<X)0  each:  nine  clerks,  at  $1M)0  each:  five  cojn'ists  t 
typewriters,  at  $900  each:  one  telegraph  opi'rator.  $1,200:  (wo  assii- 
ant  forciuen  of  division,  at  i^il.OrM)  each:  one  litliograjilier.  $l.r)0; 
three  lith()grai)hers.  at  $1,200  cacli :  si.x  conii)o>itoi-s.  at  $1.2.")()  eac: 
fourteen  printers,  at  $1,200  each:  eleven  i)rinters.  at  $1,000  eacj 
four  f()ld(M-s  and  feeders,  at  $720  each:  one  chief  mechanic.  $1.40; 
live  skilled    iiu«clianic>.  at   >^l.200  each:    m-voii   skilled    mechanics,  t 


i 


I  LAWS   APPLICABLE   TO    DEPARTMENT   OF   AflRICULTURE.  11 

sl,CK)0  each;  one  skilled  inechanic.  $840;  one  skilled  mechanic.  $7'20: 
~ix  skilled  artisans,  at  $840  each:  one  enfrineer,  $1,300;  one  fireman 
;ind  steam  Htter.  $840;  six  firemen,  at  $720  each:  one  cai)tain  of  tho 
watch,  SLOOO;  one  electrician,  $1,200;  one  gardener,  $840:  two  repair- 
men, at  $840  each;  eight  repairmen,  at  $720  each;  four  watciimen,  at 
$720  each;  seventeen  messengers,  messenger  boys,  or  laborers,  at 
$720  each:  six  messengers,  messenger  boys,  or  laborers,  at  ^OCK)  each; 
thirty-one  messengers,  messenger  boys,  or  hiboreis,  at  $000  each; 
•ighty-seven  messengers,  messenger  boys,  or  laborers,  at  $480  each; 
five  messengers,  messenger  boys,  or  laborers,  at  $400  each;  twenty- 
=;even  messenger  bovs,  at  $360  each;  one  charwoman.  $^360:  three 
charwomen,  at  $240  each;  in  all  $32r),860. 
Contingent  expenses.  Weather  Bureau  :  For  fuel,  lights,  repairs, 

;  ,and  other  expenses  for  the  care  and  preservation  of  the  public  build- 
ings and  grounds  and  the  improvement  of  the  existing  public  build- 

j  jings  of  the  Weather  Bureau  in  the  city  of  Washington  :  for  stationery 

II  iand  blank  books,  furniture  and  repairs  to  same,  and  freight  and 
ji  , express  charges;  for  subsistence,  care,  and  purchase  of  horses  and 
.^  jVenicles,  and  repairs  of  harness,  for  official  purposes  only;  for  adver- 
tising, dry  goods,  twine,  mats,  oils.  ])aints,  glass,  lumber,  hardware, 
ice.  washing  towels,  and  other  miscellaneous  supplies  and  expenses 

J,  ,not  otherw  ise  provided  for  in  the  city  of  Washington,  $25,000. 

■  General  expenses.  Weather  Bureau  :  For  carrying  into  effect  in 
[I  :the  District  of  Columbia  and  elsewhere  in  the  United  States,  in  the 
J  -West  Indies  or  on  adjacent  coasts,  in  the  Hawaiian  Islands,  and  in. 
^  jBermuda,  the  pro\asions  of  an  Act  approved  October  first,  eighteen 
J  hundred  and  ninety,  so  far  as  they  relate  to  the  weather  service  trans- 
i  ferred  thereby  to  the  Department  of  Agricidture,  and  for  every  ex- 
'I  -penditure  requisite  for  and  incident  to  the  establishment,  eijuipment, 

,and  maintenance  of  meteorological  observation  stations,  including 
j,  (Cooperation  with  other  bureaus  of  the  Govermnent  and  societies  and 
:»  institutions  of  learning  for  the  dissemination  of  meteorological  infor- 

*  mation,  as  follows: 

^  ■     For  the  employment  of  professors  of  meteorology,  inspectors,  dis- 

|{  .trict  forecasters,  local  forecasters,  section  directors,  research  observers. 

u  lobservers.  assistant  observers,  operatoi-s,  skilled   mechanics,  repair- 

.  imen,  station  agents,  messengers,  messenger  boys,  laborers,  and  other 

necessary  employees,  $.')90,r»00; 

For  fuel,  gas."  electricity,  freight  and  express  charges,  furniture, 

-^tationerv.    and    all    other    necessary    supplies    and    miscellaneous 

'  \l>enses.' $100,500; 

For  instruments,  shelters,  apparatus,  storm-wamiug  towers,  and 
Trepairs  ihereto.  $43,500; 

ff '  For  rent  of  offices  and  repairs  and  improvements  to  buildings  now 
■^'completed  and  located  outside  of  the  District  of  Columbia,  and  care 
*'and  preservation  of  grounds,  including  eonstructifm  of  necessary  out- 
*■*  buildings  and  sidewalks  on  i)ublic  streets  abutting  Weather  Bureau 
^f^,  grotmds.  $100,000: 
^i      For  official  ti'aveling  expenses.  S^24,500: 

*  For  teh'phon*'  rentals  and  for  telegraphing,  telephoning,  anil  cabling 
reports  and  messages,  rates  to  be  fixed  by  the  Secretary  of  Agriculture 

fij  by  agreements  with  the  companies  perJforming  the  service.  $300,000; 
'''    *  For  the  maintenance  and  repair  of  Weather  r.iireati  telegra])]).  tele- 
phone, and  cable  lines,  $4,000; 


12  LAWS   APPLICABLE    TO   DEPARTMENT    OF   AGRICULTURE. 

For  iiivcsniiaiionr-  in  cliiiiatolofry  and  evaporation,  including  th 
erection  of  temporary  buildings  for  living  quarters  for  observers,  fo 
river,  rain,  snow,  ice,  crop,  evaporation,  aerial,  storm,  hurricane,  am 
other  observations,  warnings,  and  reports,  and  for  pay  of  specia 
observers  and  display  men,  $120,000; 

For  the  maintenance  of  a  printing  oiRce  in  the  citj^  of  Washingtor 
including  the  purchase  of  necessary'  supplies  and  materials  for  print 
ing  weather  maps,  bulletins,  circulars,  forms,  and  other  publicationi 
and  for  pay  of  additional  assistant  foremen,  proof  readers,  composi 
tors,  pressmen,  lithographers,  and  folders  and  feeders,  when  neces 
sary,  $1G,750; 

For  the  acquisition  of  sites  outside  of  the  District  of  Columbia  an 
the  erection  thereon  of  two  buildings  for  use  as  AVeather  Burea 
observatories,  to  be  constructed  under  the  supervision  of  the  Chief  c 
the  Weather  Bureau,  plans  and  specifications  to  be  approved  by  th 
Secretary  of  Agriculture,  and  for  all  necessary  labor,  materials,  an 
expenses  connected  Avith  this  work.  $45,000; 

:{(  ^  :ic  :):  :|c  :!:  ij: 

A  paragraph,  here  omitted,  providing  for  the  allowance  of  travelir 
expenses  to  otficials  and  employees  of  the  Weather  Bnreau  when  trave 
in?  from  one  .•station  to  another,  is  set  forth  ahove. 

In  all.  for  general  expenses,  $l,.3r)6,750. 
Total  for  Weather  Bureau,  $1,707,610. 

Act  March  4.  1013.  c.  l-if..  37  Stat.  S20. 

These  are  i)rovisions  of  the  agricultnral  appropriation  act  for  the  flsc 
year  1914,  cited  above. 


BUREAU  OF  ANIMAL  INDUSTRY. 

(See  "Laws  Applicalde  to  the  United  States  Dcpaitnicnt  »if  Agriculture."  191 

pp.  41-74.)  ^ 

ACT  MARCH  4.  1913.  c.  145.     (37  Stat.  828.) 

Transportation  from  quarantined  State  or  Territory,  or  portion  thereof,  of  cati 
or  other  live  stock;  provisions  of  act  March  3,  1905,  c.  1496.  extended. 

That  hereafter  all  the  provisions  of  the  said  Act  approved  Man 
third,  nineteen  hundred  and  five,  shall  apply  to  any  railroad  cor 
pany  or  other  common  carrier,  whose  road  or  line  forms  any  pa 
of  a  route  over  which  cattle  or  other  live  stock  are  transported 
the  cotirse  of  shipment  from  any  quarantined  State  or  Territory  ■ 
the  District  of  C()hiiiil)ia.  or  from  the  (luarniitined  jiortion  of  ar 
State  or  Territory  or  the  District  of  Columbia,  into  any  other  Sta- 
or  Territory  or  the  District  of  Columbia ;     *     *     *. 

Act  .March   I.  V.iVi.  r.  M").  37  Stat.  S31. 

This  is  a  jiroviso  annexed  to  an  appropriation  in  the  agricultural  app- 
prlatlon  .net  for  the  fiscal  year  1914.  cite<l  above,  under  "  (General  Expens. 
Itiircau  of  .\nini.il  Imlusliy."  for  carrying  out  the  provisions  of  it 
Man-h  :\.  T.»0.'),  c.  M!m;.  Said  act  March  3.  l!H)r»,  mentioned  in  and  e.xtendl 
hy  this  piovision.  is  .set  forth  in  "Laws  Applicable  to  the  United  Sta  s 
Department  of  Agriculture,"  1912,  p.  46. 

ACT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Sale,  etc.,  in  District  of  Columbia,  etc.,  and  shipment  from  one  State,  Territory  r 
District  of  Columbia,  into  any  other  State.  Territory,  or  District  of  Columl-. 
of  worthless,   contaminated,   dangerous  or  harmful   viruses,   serums,   toxii 


LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  13 

etc.,  for  domestic  animals,  unlawful;  preparation,  sale.  etc..  and  shipment  of 
viruses,  serums,  toxins,  etc.,  for  domestic  animals  unless  prepared  under 
regulations  and  at  licensed  establishments,  prohibited:  importation  of 
viruses,  serums,  toxins,  etc.,  without  permit,  and  worthless,  contaminated, 
dangerous,  or  harmful  viruses,  serums,  toxins,  etc.,  prohibited:  inspection  of 
imported  viruses,  serums,  toxins,  etc.;  regulations  to  prevent  sale,  etc.,  and 
shipment  of  worthless,  contaminated,  dangerous,  or  harmful  viruses,  serums. 
toxins,  etc.;  licensing  of  establishments;  permits  for  importation;  inspection 
of  establishments;  violations  of  act;  penalty;  appropriation  for  carrying 
out  act. 


I 


I  I     That  from  ami  after  July  fir.st,  nineteen  hundred  and  thirteen,  it 
hall  be  unlawful  for  any  person,  Hrm,  or  corporation  to  prepare,  sell. 
i>arter,  or  exohanire  in  the  Di.strict  of  Columbia,  or  in  the  Territories, 
;  ior  in  any  place  under  the  jurisdiction  of  the  United  State.s.  or  to  ship 
:  jor  deliver  for  shipment  from  one  State  or  Territorj'  or  the  District  of 
I  Columbia  to  any  other  State  or  Territory  or  the  District  of  Columbia, 
jany  worthless,  contaminated.  dan<!:erous,  or  harmful   virus,  serum, 
;  toxin,  or  analoj^ous  product   intended  for  use  in  the  treatment  of 
domestic  animals,  and  no  ])erson,  firm,  or  corporation  shall  prepare, 
.sell,  barter,  exchant»;e,  or  ship  as  aforesaid  any  virus,  serum,  toxin, 
or  analogous  product  manufactured  within  the  United  States  and 
,  j  intended  for  use  in  the  treatment  of  domestic  animals,  unless  and 
}  until  the  said  virus,  serum,  toxin,  or  analog^ous  product  shall  have 
been  prepared,  under  and  in  compliance  with  regulations  prescribed 
by  the   Secretary  of  Agriculture,   at   an  establi.shment   holding  an 
unsuspended    and    unrevoked    license    issued    by    the    Secretary    of 
Agi-iculture  as  hereinafter  authorized.     That  the  importation  into 
the  United  States,  without  a  permit  from  the  Secretary  of  Agricul- 
ture, of  any  virus,  serum,  toxin,  or  analogous  product  for  use  in  the 
treatment  of  domestic  animals,  and  the  importation  of  any  worthless, 
j  contaminated,  dangerous,  or  harmful  virus,  serum,  toxin,  or  analo- 
'  gous  product  for  use  in  the  treatment  of  domestic  animals,  are  hereby 
I  prohibited.     The  Secretary  of  Agriculture  is  hereby  authorized  to 
cause  the  Bureau  of  Animal  Industry  to  examine  and  inspect  all 
viruses,  serums,  toxins,  and  analogous  ])roducts,  for  use  in  the  treat- 
ment of  domestic  animals,  which  are  being  imported  or  offered  for 
importation    into    the    United    States,    to    determine    whether    such 
viruses,  serums,  toxin.>^.  and  analogous  products  are  worthless,  con- 
taminated, dangerous,  or  harmful,  and  if  it  shall  appear  that  any  such 
virus,  serum,  toxin,  or  analogous  product,  for  use  in  the  treatment  of 
domestic  animals,  is  worthless,  contauiinated,  dangerou.s,  or  harmful, 
the  same  shall  l)e  denied  entry  and  shall  be  destroyed  or  returned 
at  the  expense  ol  the  owner  or  imi)()r(er.     That   the  Secretary  of 
Agriculture  be.  and  hereby  is,  authorized  to  nudce  and  promulgate 
from  time  to  tiuie  such  rules  and  regulations  as  may  be  necessary  to 
j)revent  the  preparation,  sale,  barter,  exchange,  or  shipment  as  afore- 
said of  any  worthless,  contaminated,  dangerous,  or  harmful   virus, 
serum,  toxin,  or  analogous  product  for  u.se  in  (lie  treatment  of  domes- 
tic animals,  and  to  i.ssue,  suspend,  and  revoke  licenses  for  the  main- 
tenance of  establishments   for  the   preparation  of   viruses,  .serums, 
toxins,  and  analogous  products,  for  use  in  the  treatment  of  domestic 
animals,  intended   for  sale,  barter,  exchange,  or  shi|)ment  as  afore- 
-aid.     The  Secretary  of  Agriculture  is  hereby  authorized  to  issue 
permits  for  the  importation  into  the  T'nited  States  of  viruses,  serums, 
toxins,  and  analogous  products,  for  u.se  in  the  treatment  of  domestic 
animals,  which  are  not  worthless,  contaminated,  dangerous,  or  harm- 


14  LAWS  APPLICABLE   TO   DEPARTME^'T    OF   AGRICULTURE. 

ful.  All  licenses  issued  under  authority  of  this  Act  to  establish 
nients  where  such  viruses,  serums,  toxins,  or  analogous  products  ar( 
prepared  for  saje,  barter,  exchange,  or  shipment  as  aforesaid,  shal 
be  issued  on  condition  that  the  licensee  shall  permit  the  inspection  o 
such  establishments  and  of  such  products  and  their  preparation 
and  the  Secretary  of  Agriculture  may  suspend  or  revoke  any  permi 
or  license  issued  under  authority  of  this  Act,  after  opportimity  fo: 
hearing  has  been  granted  the  licensee  or  importer,  when  the  Secretan 
of  Agriculture  is  satisfied  that  such  license  or  permit  is  being  used  t( 
facilitate  or  eft'ect  the  preparation,  sale,  barter,  exchange,  or  sliipmen 
as  aforesaid,  or  the  importation  into  the  United  States  of  any  worth 
less,  contaminated,  dangerous,  or  harmful  virus,  serum,  toxin,  o  | 
analogous  i>roduct  for  use  in  the  treatment  of  domestic  animals 
That  any  officer,  agent,  or  employee  of  the  Department  of  Agricul 
ture  duly  authorized  by  the  Secretary  of  Agriculture  for  the  purpos' 
may,  at  any  hour  during  the  daytime  or  nighttime,  enter  and  inspec  | 
any  establishment  licensed  under  this  Act  where  any  virus,  serum 
toxin,  or  analogous  product  for  use  in  the  treatment  of  domesti 
animals  is  prepared  for  sale,  barter,  exchange,  or  shipment  as  afore 
said.  That  any  person,  firm,  or  corporation  who  shall  violate  an;  1 
of  the  provisions  of  this  Act  shnll  be  deemed  guilty  of  a  misdemeanoi 
and  shall,  upon  conviction,  be  punished  by  a  fine  of  not  exceedin; 
$1,000  or  by  imprisonment  not  exceeding  one  year,  or  by  both  sue) 
fine  and  imprisonment,  in  the  discretion  of  the  court.  That  ther 
is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury  not  other 
wise  appropriated,  to  be  expended  as  tlie  Secretary  of  Agricultur 
may  direct,  for  the  purposes  and  objects  of  this  Act.  the  sum  o 
$*25,000,  which  apj^ropriation  shall  become  available  on  July  firsi 
nineteen  hundred  and  thirteen,  and  may  be  expended  at  any  tim 
before  July  first,  nineteen  hundred  and  fourteen; 

All  March  4,  10].".,  c.  14."),  :;7  Stat.  S32. 

Tliew  are  in-Dvisions  acc()nii>anyinc  appropriations  for  "  rJoneral  E? 
peuses,  liiu'eau  of  Animal  Industry."  in  the  ajrricnltiiral  ai)pro]iriatio 
act  for  the  fiscal  year  1!>14.  cited  above. 

ACT  MARCH  4,  1913,  c.   145.      (37  Stat.  828.) 

Preparation  and  sale  of  pathological  and  zoological   specimens;    disposition  < 
receipts. 

And  hereafter  the  Secretary  of  Agriculture  is  autliorized  toprepai 
and  sell  at  cost  such  pathological  and  zoological  specimens  as  h 
may  deem  of  scientific  or  educational  Aalue  to  scientists  or  othei 
engaged  in  the  work  of  iiygiene  and  sanitation:  Prorit/cd,  That  a 
moneys  received  from  the  sale  of  such  specimens  shall  be  deposite 
in  the  Treasury  as  miscellaneous  receipts. 

Act  March  4,  iniH,  o.  145.  37  Stat.  S33. 

This  Is  n  parnfiraph  accompanying  apiiropriations  for  "  General  E 
ponses,  Kurcan  of  Animal  Industry,"  in  the  apricnllnral  appropriate 
act  for  the  liscal  year  1014,  citetl  above. 

ACT  MARCH  4,  1913,  c.   145.      (37  Stat.  828.) 

lU  REAU  or  ANIMAL  INDUSTRY. 

Salaries,  Bureau  of  Animal  Industry:  One  chief  of  burea 
$5,000:  one  chief  clerk,  $2,500;  one  editor  and  compiler,  $2,250;  si 


LAWS  APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE.  15 

•lerivs,  class  four:  i.m'  I'lerk.  $HiSO:  twelve  cUm-Ivs,  diiss  tliive:  two 
•lerks,  at  $1,500  each;  twenty-two  clerks,  class  two;  two  cloiks,  at 
>1.:}S0  each:   three   clerks,   at  $1,320  each;    one  clerk,  $1,300;   one 
■jerk.  $l.-_>('.():   thirty-nine  clerks,  class  one:   one  clerk,  $1,100:   one 
•lerk,  $1.0.sO:  lifty  clerks,  at  $1,000  each:  two  clerks,  at  $!»«;o  each: 
-ixty-fonr  clerks,  at  $900  each:  one  architect.  $2,000:  one  architect", 
-!>00:  one  illustrator.  $1,400:   foiii-   inspector's  assistants,  at  $1,000 
•ach:    twelve   inspector's   assistants,   at   $840  each:    one   laboratory 
'ssistant,    $1,200;    two    laboratory    assistants,    at    $U00    each;    one 
l:iboraiory    helper,   $1,020:    two   laboratory    helpers,   at   $840    each; 
■ne  laboratory  helper,  $720;  one  laboratory  helper,  $G00;  one  lab- 
•ratory  helper.  $480:  one  instrument  maker,  $1,200:  one  carpenter, 
<1,100;  two  carpenters,  at  $1,000  each:  one  messenger  iim\  custodian. 
-l,2(X);  one  messenger  and  custodian,  $1,000:  nine  messengei-s,  skilled 
t   ilaborers,  or  laborers,  at  $840  each  :  ten  messengers,  skilled  laborei>,  or 
I   ilaborers,  at  $720  each :  twenty-three  messengers,  messenger  boys,  or 
1   ilaborers,  at  $480  each ;  six  messengers  or  messenger  boys,  at  $300 
t   ieach;  one  skilled  laborer,  $1,000;  thirty-three  skilled  laborers,  at  $900 
f   [each;  two  skilled  laborers,  at  $840  each;  seven  skilled  laborers,  at 
!   !$720  each:  one  skilled  lal)orer  or  laI)orer.  $780:  two  laborers  or  mes- 
'   Isengers,  at  $0C)0  each;  nine  laborers,  messengers,  or  mesi?enger  boys, 
'  lat  $(')00  each;  tliree  laborers,  messengers  or  messenger  boys,  at  $540 
jeach;  one  watchman.  $720;  one  charwoman.  $(500;  one  charwoman, 
'  |540:  eleven  charwomen,  at  $480  each:  four  charwomen,  at  $3(50  each: 
!one  charwoman.  $300;  two  charwomen,  at  $240  eacli;  in  all,  $359,250. 
General  expenses.  Bureau  of  Animal  Industry:  For  carrying, 
•out  the  provisions  of  the  Act  approved  May  twenty-ninth,  eighteen 
hundred  and  eighty-four,  establishing  a  Bureau  of  Animal  Industry, 
and  the  provisions  of  the  Act  appro\ed  March  third,  eighteen  hun- 
dred and  ninety-one,  providing  for  the  safe  transport  and  humane 
treatment  of  export  cattle  from  the  Fnited  States  to  foreign  coun- 
tries, and  for  other  purposes:  the  Act  approved  August  thirtieth. 
,'eighteen    hundred    and    ninety,    providing    for    the    importation    of 
iianimals  into  the  United  States,  and  for  other  purposes;  and  the 
Iprovisions  of  the  Act  of  May  ninth,  nineteen  hundred  and  two,  ex- 
tending the  inspecti(m  of  meats  to  process  butter,  and  providing  for 
;the  inspection  of  factories,  marking  of  packages,  and  so  forth:  and 
the  provisions  of  the  Act  approved  February  second,  nineteen  hun- 
idred  and  three,  to  enable  the  Secretary  <tf  Agriculture  to  uiore  eli'ec- 
'tually  suppress  and  prevent  the  spread  of  contagious  and  infectious 
'diseases  of  live  stock,  anil  for  other  purposes:  and  also  the  provisi<ms 
'of  the  Act   approved   Maich   third,   nineteen   hundred   and   five,   to 
'enable  the  Secretary  of  Agriculture  to  es(ai)lish  and  maintain  (piaran- 
tine  districts,  to  permit  and  regulate  the  movement  of  cattle  and  other 
live  stock  therefrom,  and  for  other  purposes:     *     *     ''. 

A  proviso,  bere  omitted,  oxteiidiiif;  tin-  innvisioiis  of  .ict  Miircli  ;;. 
190r>.  e.  14!»G.  to  any  railrojid.  etc.  \vii<ise  line  fnrnis  iiny  iiail  of  a  ronic 
over  which  live  stocli  are  transporU'd  in  course  of  sliipnient  from  one 
State  or  Territory,  etc.,  into  any  otlier  State  or  Territory,  etc..  is  set  fortli 
above. 

and   for  carrving  out   the   provisions  of  the   Act  of  dune  twenty- 
ninth,  nineteen  hundred  and  six.  entitled  ''An  Act  to  prevent  cruelty 
'  to  animals  while  in  transit  by  railroad  or  other  means  of  transporta- 
'  tion,"  and   to  enable  the   Secretary   of   Agriculture  to  collect   and 


16  LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

disseminate  information  concerning  live  stock,  dairy,  and  other  ani- 
mal products;  to  prepare  and  disseminate  reports  on  animal  industry* 
to  employ  and  pay  from  the  appropriation  herein  mado  as  many 
persons  in  the  city  of  Washington  or  elscAvhere  as  he  may  deem  neces- 
sary; to  purchase  in  the  open  market  samples  of  all  tuberculin, 
serums,  antitoxins,  or  analogous  products,  of  foreign  or  domestic 
manufar-ture.  Avhich  are  sold  in  the  United  States,  for  the  detection, 
prevention,  treatment,  or  cure  of  diseases  of  domestic  animals,  to  test 
the  same,  and  to  disseminate  the  results  of  said  tests  in  such  manner 
as  he  may  deem  best;  to  purchase  and  destroy  diseased  or  exposed 
animals  or  quarantine  the  same  whenever  in  his  jndguiont  essential 
to  prevent  the  spread  of  pleuropneumonia,  tuberculosis,  or  other 
diseases  of  animals  from  one  State  to  another,  as  follows: 

For  inspection  and  quarantine  Avork.  including  all  necessary 
expenses  for  the  eradication  of  scabies  in  sheep  and  cattle,  the  inspec- 
tion of  southern  cattle,  the  supervision  of  the  transportation  of  live 
stock  and  the  inspection  of  vessels,  the  execution  of  the  twenty-eight- 
hoiir  law.  the  inspection  and  quarantine  of  imported  animals,  includ- 
ing the  establishment  and  maintenance  of  qiiarantine  stations  and  the 
alteration  of  buildings  thereon,  the  ins])ecti()n  work  relative  to  the 
existence  of  contagious  diseases  and  the  tuberculin  and  mallein  testing 
of  animals.  ^Gril.OOO :  Provided.  That  of  this  sum  not  less  than  $75,000 
shall  be  set  aside  for  demonstrating  the  best  method  of  preventing 
and  eradicating  hog  cholera  ; 

For  all  necessary  expenses  for  the  eradication  of  southern  cattle 
ticks,  $325.000 :  Provided,  hovever^  That  no  part  of  this  appropriation 
shall  hQ  used  in  the  purchase  of  materials  for  or  in  the  construction 
of  dipping  vats  uj^on  land  not  owned  solely  by  the  United  States. 
except  at  fairs  or  expositions  where  the  Department  of  Agriculture 
makes  exhibits  or  demonstrations;  nor  shall  any  part  of  this  appro- 
priation be  used  in  the  purchase  of  materials  or  mixtures  for  use  in 
dijiping  vats  except  in  experimental  or  demonstration  work  carried 
on  by  the  officials  or  agents  of  the  Bureau  of  Animal  Industry ; 

For  all  necessan'  expenses  for  investigations  and  experiments  in 
dairy  industry,  cooperative  investigations  of  the  dairy  industry  in  the 
various  States,  inspection  of  renovated  butter  factories  and  markets. 
$177,900; 

For  all  necessary  expenses  for  investigations  and  experiments  in 
animal  husbandry,  $52,180; 

For  all  necessary  expenses  for  scientific  investigations  in  disease? 
of  animals,  including  the  maintenance  and  improvement  of  the  bureau 
experiment  station  at  Bethesda.  Maryland,  and  the  necessary  altera- 
tions of  buildings  thereon,  and  the  necessary  expenses  for  investi- 
gations of  tuberculin,  serums,  antitoxins,  and  analogous  products 
$78,080; 

*  *  He  *  He  4!  * 

l'n>\  isioiis.  lii'if  (iniiltcMl,  makiiii:  unlawful  the  sale.  etc..  in  the  Dis 
IricI  nf  Udlnnihia.  'rcrrituiii's.  iMc.  and  the  sliii)nu'nt  from  one  State 
'IVrrilnry.  oto..  into  any  othor  Slate.  'IVrritory.  etc..  of  worthless,  con 
taniinalo«l.  danm-rons,  or  liaruiful  vlrnscs,  serums,  toxins,  etc.,  for  do 
nn«sti<'  animals;  |>rohihitinj;  the  preparation,  sale.  etc..  ;iud  shipment  ot 
viruses,  serums,  toxins,  etc..  unless  iirei)ared  under  regulations  and  ni 
llcensfd  <stnl)lishments ;  jirohibitinti  the  importation  of  viruses,  serums 
toxins,  etc.  without  permit,  and  the  importation  of  worthless,  cfintami 
nate<l.  d;in>,'erons,  or  liarmful  viruses,  s(»rums.  toxins,  etc.;  providing  fo; 


LAWS   APPLICABLE    Tf)    np:PARTMKNT    OF    A(;HICr LTURB.  17 

iiisiioilion  (if  imiioit»>(l  viruses,  siMiiiiis.  toxins,  flc,  rej:iil.ili<ins  to  provent 
siil»\  etc..  and  shipnicnl  of  worlliloss.  conlMniiiinlccL  danj^iMons,  or  liarui- 
fnl  virnsos.  sorunis.  toxins.  t>tr..  prrniils  Im-  iniiiortation.  lieonsinj,'  ami 
insptTlion  of  ostaliiisluncnts,  and  imnislinicnt  for  violations  of  said 
provisions;  and  nia]<inK  an  appropriation  for  carryiiif;  nut  said  i)ro- 
visions;   are  set   fortli   above. 

For  construction  of  buildino;.s  al  biiroati  experiment  station  al 
Bethesda.  Maryland,  and  bureau  experiment  farm  at  Heltsville, 
Maryland.  $10,500; 

P\)r  oreiieral  adniinistra(i\e  work,  includin*i  travelinp:  expenses  and 
alaries  of  employes  enoaiied  in  such  work,  rent  outside  of  the  Dis- 
rict  of  Columbia,  office  fixtures  and  supplies,  express,  freiglit,  telc- 
rrajih,  telephone,  and  other  necessary  expenses,  $40,18(); 

For  all   necessary   expenses   for  experiments   in   the   feedinjz;   anl 
treedinfj  of  ostriches  and  for  investigations  and  experiments  in  th(! 
tudy  of  tlie  ostrich   industry,  $2,500; 
In  all.   for  oreneral   expenses,  $1,871,940. 

I  *         '  «  *  *  *  *  0 

'  A  parafirajili,    liere  omittetl,  antliorizing  the  preparation  and   sale  of 

pathological  and  zoological  specimens  of  scientific  or  educational  value, 
and  providinir  for  tiio  disposition  of  the  receipts  from  such  sale,  is  set 
forth  on  p.  14,  ante. 

I  Cooperative  experlmexts  in  animal  feeding  and  breeding: 
For  experiments  in  animal  feeding:  and  breedino^,  including  coo|)era- 
ion  with  the  State  agricultural  experiment  stations,  including  the 
i'epairs  and  additions  to  and  erection  of  buildings  absolutely  nece»- 
5ary  to  carry  on  the  experiments,  and  the  experiments  in  the  breeding 
)f  horses  for  military  purposes,  including  the  employment  of  labor 
n  the  city  of  AVashington  and  elsewhere,  rent  outside  of  the  District 
)f  Columbia,  and  all  other  necessary  expenses,  $100,000. 

Meat  inspection.  Bureau  of  Animal  Indistry:  For  additional 
expenses  in  carrying  out  the  provisions  of  the  meat-inspection  act  of 
Tune  thirtieth,  nineteen  hundred  and  six  (Thirty-fourth  Statutes  fit 
r.arge.  })age  six  hun<lred  and  seventy-foin-),  there  is  hereby  appro- 
)riated  for  the  fiscal  vear  ending  June  thirtieth,  nineteen  hundred 
ind  fourteen,  the  sum"  of  $200,000. 

Total  for  Bureau  of  Animal  Industry,  $2,031,106. 

Aet  March  4,  1913.  c.  14.^  .37  Stat.,  .S.30. 

Tiiese   are    jirovisions    of    tlie    a;;ricultural    appropriation    .at    for    Die 
fiscal   year   1914,  cited   ahove. 


BUREAU  OF  PLANT  INDUSTRY. 

(See  "Laws  Applicable  to  the  United  States  I)eF)artment  of  AKricnlture,"  1912, 

pp.  74-85.) 

\CT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Expenses  of  purchase,  distribution,  etc..  of  seeds,  plants,  etc.,  to  be  of  best 
adapted  to  localities;  contracts  for  packets,  etc..  and  packeting  seeds,  plants, 
etc.;  allotment  of  seeds,  plants,  etc..  to  members  of  Congress  for  distribution; 
distribution  of  uncalled  for  allotments;  report  of  place,  quantity,  price,  and 
date  of  seeds  purchased;  diversion  of  appropriation  forbidden;  purchase  and 
distribution  of  drouth-resistant  seeds. 
Purchase    and   distriiu  tiox    of   vauuabi-k    seeds:  For    purchase, 

propagation,  testing,  and  distribution  of  valuable  .seeds,  bulb.s  tree.s, 

2600—13 3 


(I 


18  LAWS   APPLICABJ.E    TO   DEPARTMENT   OF   AGRICULTURE. 

shrubtj,  vines,  cuttings,  and  plants;  all  necessary  (jfRce  fixtures  aiK 
supplies,  fuel,  transportation,  paper,  twine,  ginn,  jDostal  cards,  gas- 
electric  current,  rent  outside  of  the  District  of  Columbia,  official  trav 
eling  expenses,  and  all  necessary  material  and  repairs  for  putting  u] 
and  distributing  the  same;  for  repairs  and  the  employment  of  loca 
and  special  agents,  clerks,  assistants,  and  other  labor  required,  in  th 
city  of  Washington  and  elsewhere,  $290,000.  of  which  amount  no 
less  than  $257,000  shall  be  allotted  for  congressional  distributior 
And  the  Secretary  of  Agriculture  is  hereby  directed  to  expend  the  saii 
sum,  as  nearh'  as  practicable,  in  the  purchase,  testing,  and  ilistribu 
tion  of  such  valuable  seeds,  bulbs,  shrubs,  vines,  cuttings,  and  plant; 
the  best  he  can  obtain  at  public  or  private  sale,  and  such  as  shall  b 
suitable  for  the  respective  localities  to  which  the  same  are  to  be  ap 
portioned,  and  in  which  same  are  to  be  distributed  as  hereinafte 
stated,  and  such  seeds  so  purchased  shall  include  a  variety  of  vegt 
table  and  flower  seeds  suitable  for  i)lanting  and  culture  in  the  varioii 
sections  of  the  United  States:  Prorided,  That  the  Secretary  of  Agr: 
culture,  after  due  advertisement  and  on  competitive  bids,  is  authoi 
ized  to  award  the  contract  for  the  supplying  of  printed  packets  an 
envelopes  and  the  packeting,  assembling,  and  mailing  of  the  seed     j 
bulbs,  shrubs,  vines,  cuttings,  and  ])lants,  or  any  part  thereof,  for 
period  of  not  more  than  live  years  nor  less  than  one  year,  if  by  sue 
action  he  can  best  protect  the  interests  of  the  United  States.     A 
equal  proportion  of  five-sixths  of  all  seeds,  bulbs,  shrubs,  vines,  cu 
tings,  and  j^lants  shall,  upon  their  request,  after  due  notification  b 
the  Secretary  of  Agriculture  that  the  allotment  to  their  respecti^ 
districts  is  ready  for  distribution,  be  supplied  to  Senatoi-s,  Kepri 
sentatives,  and  Delegates  in  Congi'ess  for  distribution  among  the 
constituents,  or  mailed  by  the  dei)artment  upon  the  receipt  of  the 
addressed  franks,  in  packages  of  such  weight  as  the  Secretary  i 
Agriculture  and   the   Postmaster  General   may   jointly   determim 
Provided,  hoicevei\  That  upon  each  envelope  or  wrapper  containii: 
packages  of  seeds  the  contents  thereof  shall  bo  plainly  indicated,  ar 
the  Secretary  shall  not  distribute  to  any  Senator.  Kepresentative,  < 
Delegate  seeds  entirely  unfit  for  the  climate  and  locality  he  repr 
sents,  but  shall  distribute  the  same  so  that  each  Member  may  ha^     I 
seeds  of  eipial  value,  as  near  as  may  be.  and  the  best  adapted  to  tl      ' 
locality   he   represents:   Prorided,  ako,  That   the   seeds  allotted 
Senators  and  Kepresentatives  for  distribution  in  the  districts  er 
braced  within  the  twenty-fifth  and  thirty-fourth  jjarallels  of  latitu< 
shall  be  ready  for  delivery  not  later  than  the  tenth  day  of  Januar 
Provided,  also,  That  any  portion  of  the  allotuients  to  Senators,  lie 
resentatives,  and  Delegates  in  Congress  remaining  uncalled  for  < 
the  first  day  of  A])ril  shall  be  distributed  by  the  Secretary  of  Agi 
culture,  giving  picference  to  those   i)ersons   whose  names  and   a 
dresses  have  been  furnished  by  Senators  and  Kepresentatives  in  Co 
gre.ss,  and  who  have  not  before  during  the  same  season  been  supplii 
by  (he  department:  And  provided  (t/.so.  That  the  Secretary  shall  r 
port,  as  provided  in  this  iVct.  the  place,  (piantity.  and  price  of  see- 
purchased,  and  (he  date  of  |)urehase:  but  nodiin^^  in  this  paragraji 
shall  be  construed  to  prevent  the  Secretary  of  Agriculture  from  sen- 
ing  seeds  to  (hose  \vli<»  a|)])Iy  for  (he  same.     And  (he  ainoun(  herei 
appropriated  shall  not  be  diver(ed  or  used  for  any  other  purpose  b 
for  the  purchase,  testing,  propagation,  and  distribution  of  valual' 


LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  19 

• 

I  seeds,  bulbs,  imilborry  and  other  raiv  and  valuable  trees,  shnibs, 
[•  vines,  cuttings,  and  plants:  Pi^ovided  further^  T\\x\i  $;iJ»,000  of  wiiich 
\  sum,  or  so  much  thereof  as  the  Secretary  of  Agrioultnre  shall  direct, 
I  may  be  used  for  the  purchase  and  distribution  of  drouirht-resistant 

field  seeds  through  the  Great  Plains  area  and  other  drv-Jarid  sections 

of  the  United  States. 

Act  March  4.  1913.  c.  145,  37  Stat.  S3G. 

These  are  provisions  ooiitnined  in  the  ii>rricultural  Mpiiroprijifion  :ict 
for  the  fiscal  year  1914,  cited  above,  and  are  re-euaotments,  with  alter- 
ations and  additions,  of  those  contained  in  the  aKricnltunil  .ippnipria- 
tion  acts  for  the  fiscal  years  ISSl  and  thereafter. 

"  It  is  qnestionable  to  what  extent,  if  at  all,  its  provisions  can  be  con- 
sidered permanent,  or  whether  each  is  In  force  only  in  relation  to  the 
I  particular    .ipproin-iation    made    by    the    act    in    which    each    appears." 

j  (Comitilrr'fi  note.  1  Supp.  I'.  S.  Rcr.  .S7.  173.) 

Provisions  that  seeds  transmitted  by  the  Se<Tet;iry  of  Agriculture  or 
by  nienibiTs  of  (^)ni:ress  may  pass  throujjb  the  m.iils  fre<'  of  cbartie  are 
contained  in  act  March  3.  1875.  c.  12s.  s.  7.  set  forth  in  "  Laws  Applicable 
to  the  United  States  Department  of  Agriculture."  1912,  p.  7G. 

rn)visions  for  the  printinjr  and  furnishing  by  the  I'ublic  Printer  of 
franks  required  for  sending  out  seeds  on  Congressional  orders  are  con- 
taine<l  in  Kes.   May  19.  1902.   No.  23.  set  forth  in   "  I-aws  Apiilicable  to 
I  the  United  States  Department  of  Agriculture,"  1912.  p.  77. 

I  ACT  MARCH  4.  1913.  c.  145.     (37  Stat.  828.) 

BlREAl     OF   PLANT  INDUSTRY. 

,  Salaries.  lU  reau  of  Plant  Industry:  One  physiologist  and 
jiathologist.  who  shall  be  chief  of  bureaiL  $5,000;  one  chief  clerk. 
>"J.7r)():  one  executive  as.sistant  in  seed  distribution.  $2,500:  one 
,  officer  in  charge  of  publications.  $"2,250;  one  landscape  gardener, 
'  $1,800:  one  oHicer  in  charge  of  records,  $2,100;  one  superintendent 
of  .seed  weighing  and  mailing,  $2,000;  one  executive  clerk,  $2,250: 
three  executive  clerks,  at  $1,080  each:  one  assistant  superintendent 
of  .-eed  warehouse.  $1,400;  one  seed  inspector.  $1,000:  nine  clerks, 
cla.ss  four;  eleven  clerks,  class  three;  two  clerks,  at  $1,500  each; 
seventeen  clerks,  class  two;  forty-nine  clerks,  class  one;  one  clerk, 
$1,080:  nine  clerks,  at  $1,020  each;  thirty-one  clerks,  at  $1,000  each; 
fifty-one  clerks,  at  $000  each:  twenty-four  clerks,  at  $840  each; 
fifteen  clerks,  at  $720  each :  twenty-eight  messengers,  or  laborers,  at 
$720  each;  eleven  messengers,  messenger  boys,  or  laborers,  at  $060 
each:  twenty  messengers,  messenger  boys,  or  laborers,  at  $000  each; 
one  artist.  $1.(;20:  one  clerk  or  artist.  $1,200;  one  assistant  in  illus- 
trations, $840;  one  photographer.  $1,400;  one  photographer.  $1,200; 
one  photographer.  $000;  one  laboratory  aid.  $1,440:  one  laboratory 
,  aid.  S1.880:  three  lal)oratory  aids.  at'$1.200  each:  one  laboratory 
aid,  $1,080;  two  laboratory  aids,  at  $1,020  each;  five  laboratory  aids, 
I  at  $840  each:  eight  laboratory  aids,  at  $720  each;  six  laboratory 
I  aids,  at  $000  each;  one  laboratory  apprentice.  $720:  two  ma))  tracers, 
at  $720  each:  one  niaj)  traeer.  $000:  two  gardeners,  at  $1,440  each; 
four  gardeners,  at  $1,200  each;  eight  gardeners,  at  $1,100  each; 
fifteen  gardeners,  at  $000  each:  nineteen  gardeners,  at  $780  each; 
one  skilled  laborer.  $000;  one  skilled  laborer.  5t;000:  three  skilled 
laborers,  at  $840  each:  one  assi.stant  in  technolog\%  $1,400;  one 
assistant    in    tecimoloirv.   $1,380:   one   meehanical   assistant.  $1,200; 


20  J.AV-'^    APPLICABLE    TO    DEPARTMENT    OF    AGRICrLTURE. 


1 


one  blacksmith.  $900;  one  carpenter,  $900:  one  painter,  $900;  one 
t^'ainster.  $840;  one  teamster.  $G00;  nineteen  laborers,  at  $540 
each;  twenty-four  laborers,  messengers,  or  messenger  boys,  at  $480 
each;  five  lal)()rers  or  charwomen,  at  $480  each;  two  laborers  or 
charwomen,  at  $360  each;  two  laborers,  at  $420  each;  eight  char- 
women, !it  $240  each;  eight  messenger  boys,  at  $8(>0  each;  three 
messenger  l)(»ys,  at  $300  each;  in  all,  $427,690. 

Genekal  expenses.  Bureau  of  Plant  Industry;  For  all  neces^J 
saiy  expenses  in  the  investigation  of  fruits,  fruit  trees,  grain,  cotton, 
tobacco,  vegetables,  grasses,  forage,  drug,  medicinal,  poisonous,  fiber, 
and  other  jjlants  and  plant  industries,  in  cooperation  with  other 
branches  of  the  department,  the  State  experiment  stations,  and 
practical  farmers,  and  for  the  erection  of  necessary  farm  buildings: 
Provided,  That  the  cost  of  any  building  erected  shall  not  exceed 
$1,500;  for  field  and  station  expenses,  including  fences,  drains,  and 
other  farm  improvements;  for  repairs  in  the  District  of  Columbia 
and  elsewhere;  for  rent  outside  of  the  District  of  Columbia;  and  for 
the  employment  of  all  investigators,  local  and  special  agents,  agricul- 
tural ex])lorers.  experts,  clerks,  illustrators,  assistants,  ami  all  labor 
and  other  necessary  expenses  in  the  city  of  "Washington  and  elsewhere 
required  for  the  investigations,  experiments,  and  demonstrations 
herein  authorized,  as  follows: 

For  ijivestigations  of  plant  diseases,  including  diseases  of  ginseng, 
and  pathological  collections,  $30,000: 

F'or  the  control  of  diseases  of  orchard  and  other  fruits,  $40,675: 

For  the  control  of  diseases  of  forest  and  ornamental  trees  and 
shrubs,  $29,510; 

For  the  control  of  diseases  of  cotton,  truck,  and  forage  crops,  and 
related  i)lants,  $25,000; 

For  investigating  the  physiology-  of  crop  plants  and  for  testing  and 
breeding  varieties  thereof,  $33,380: 

For  soil-bacteriology  and  plant-nutrition  investigations,  $30,000; 

For  acclimatization  and  adaptation  investigations  of  cotton,  corn, 
and  other  crops  introduced  from  tropical  regions,  and  for  the  im- 
provement of  cotton  by  cultural  methods,  breeding,  and  selection, 
$38,000; 

For  drug  plant,  j^oisonous  |)lant,  tea  culture,  and  general  physio- 
logical and  fermentation  investigations,  $50,000; 

For  crop  technological  and  fiber  plant  investigations,  $10,010; 

For  investigating  the  ginning,  handling,  grading,  baling,  and  wrap- 
])ing  of  cotton,  and  (he  establishment  of  standards  for  the  different 
grades  thereof,  and  for  carrying  into  effect  the  provisions  of  law 
lolating  thereto,  $46,120:  Provided,  That  of  the  sum  thus  appropri- 
ated, $10,000  is  to  be  used  for  testing  the  waste,  tensile  strength,  and 
bleaching  qualities  of  the  different  grades  of  cotton  as  standardized 
by  tiie  (lovernnient ; 

For  investigating  the  handling,  grading,  and  transportation  o\ 
grain,  and  the  fixing  of  definite  grades  thereof,  $65,000; 

For  biophysical  investigations  in  connection  with  the  various  lines 
of  work  liercin  authorized,  $20,000; 

For  studying  and  testing  commercial  seeds,  including  the  testing 
of  samples  of  seeds  of  grasses,  clover,  or  alfalfa  and  lawn-grass  seeds 
secnrt'd  in  the  open  nuirket,  and  where  such  samples  are  found  to  bt 
adulterated  or  niisbr:in(U'd  the  results  of  the  tests  shall  be  published 


LAWS   APPLICABLE    TO   DEPAKTMENT   OP   AGRICULTURE.  21 

together  with  the  names  of  the  persons  by  whom  the  seeds  were 
oll'ered  for  sale,  $i2(),000: 

For  the  investigation  and  improvement  of  cereals  and  methods  of 
lereal  proilurtion,  and  the  stndy  of  cereal  diseases,  and  f<»r  the  investi- 
gation of  the  cultivation  and  breeding  of  ilax  for  seed  purposes, 
including  a  study  of  flax  diseases,  $104,925:  Piorided.  That  not  less 
than  $;30,000  shall  be  set  aside  for  the  study  of  corn  imjirovement 
and  methods  of  corn  production; 

For  the  investigation  and  improvement  of  tobacco  and  the  methods 
of  tobaci'o  ])roduction  and  handling.  $31,0-]0; 

For  the  investigation  and  improvement  of  forage  crops  and  meth- 
ods of  forage-crop  production,  $25,000; 

For  testing  and  breeding  fibrous  plants,  including  the  testing  of 
fhix  straw,  in  cooperation  with  the  N^orth  Dakota  Agricultural  Col- 
lege, which  may  be  used  for  paper  making,  $10,8-10; 

For  the  breeding  and  physiological  study  of  alkali-resistant  and 
drought-resistant  crops,  $19,280; 

For  the  investigation  and  improvement  of  sugar-producing  plants 
including  their  utilization  and  culture,  $38,595; 

For  investigations  in  economic  and  systematic  botany  and  the 
miprovement  and  utilization  of  wild  plants  and  grazing  lands, 
$22,000 ; 

To  investigate  and  encourage  the  adoption  of  improved  methods 
of  farm  management  and  farm  practice,  and  for  farm  demonstration 
work,  $375,000:  Provided.  That  of  the  amount  hereby  appropriated 
the  sum  of  $8,800  may  be  used  in  the  investigation  and  utilization 
of  cacti  and  other  dry-land  plants  as  food  for  stock: 

For  farmers'  cooperative  demonstrations  and  for  the  study  and 
demonstration  of  the  best  methods  of  meeting  the  ravages  of  the 
cotton-boll  weevil,  $375,000: 

For  the  investigation  and  improvement  of  methods  of  crop  j)ro- 
duction  under  semiarid  or  dry-land  conditions,  $130,000:  Provided, 
That  the  limitation  in  this  Act  as  to  the  cost  of  farm  buildings  shall 
not  apply  to  this  paragraph: 

For  studvina-  methods  of  clearing  off  '"  logged-off  "  lands  with  a 
view  to  their  utilization  for  agricultural  and  dairying  purposes;  for 
their  irrigation;  for  testing  powders  in  clearing  them:  and  for  the 
utilization  of  by-]iroducts  arising  in  the  process  of  clearing,  in  coop- 
eration with  the  States,  companies,  or  individuals,  or  otherwise, 
l,$ii,000; 

For  investigations  in  connection  with  western  irrigation  agricul- 

1' '  ture.  the  utilization  of  lands  reclaimed  under  the^  reclamation  Act. 
I  and  other  areas  in  the  arid  and  semiarid  regions,  $75,000; 
I       For  the  investiiration  and  improvement  of  fruits,  and  the  methods 
of  fruit  growing,  harvesting,  packing,  storing,  handling,  and  ship- 
ping, and  for  exj^erimental  shipments  of  fruits  within  the  United 
States  and  to  foreign  countries,  $92,000; 
To  cultivate  and  care  for  experimental  gardens  and  grounds,  man- 
*     age  and  maintain  conservatories,  greenhouses,  and   plant   and  frtnt 

projiagating  houses.  $11.<)90; 
j  I       For  horticnitural  investigations,  including  the  study  of  producing, 
j !  handling.  shii)ping.  and  marketing  truck  and  related  crops,  mcluding 
I !   the  continuance  of  the  potato  and  sugar-beet  seed  work  provided  for 
* '   in  the  aui-icultural  Act  of  August  tenth,  nineteen  hundred  and  twelve 


22  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

(Thirty-seventh  Statutes  at  Large,  page  three  hiindrefl  and  one),  and  i 
the  stiidv  of  landscape  and  vegetable  gardening,  floriculture,  and  [ 
related  .siibjects.  $50,900:  Prov(de(K  That  of  this  amount  $10,000  may 
be  used  to  investigate  the  diseases,  cultivation,  and  acclimating  of 
potatoes,  and  the  development  of  improved  and  disease-resistant  I 
types  thereof; 

For  continuing  the  necessary  improvements  to  establish  and  main- 
tain a  general  experiment  farm  and  agricultural  station  on  the  Arling- 
ton estate,  in  the  State  of  Virginia,  in  accordance  with  the  provisions 
of  the  Act  of  Conirress  approved  A])ril  eighteenth,  nineteen  hundred, 
$15,000; 

For  investigations  in  foreign  seed  and  plant  introduction,  including 
the  study,  collection.  i)urchase,  testing,  propagation,  and  distribution 
of  rare  and  valuable  seeds.  l)ulbs.  trees,  shrubs,  vines,  cuttings,  and 
plants  from  foreign  countries  and  from  our  possessions,  and  for  ex- 
periments with  reference  to  their  introduction  and  cultivation  in  this 
country.  $83,000; 

For  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  investigation,  including  the  office  of  the  chief  of 
bureau,  the  assistant  chief  of  bureau,  the  chief  clerk,  the  officers  in 
charge  of  publications,  records,  supplies,  and  property,  and  for  mis- 
cellaneous expenses  incident  thereto.  $35,690; 

In  all,  for  general  expenses,  $1,044,305. 
******* 

Provisimis.  Ihtc  (Hiiitted.  rei;itin«  tit  tln^  purchase,  propagation,  testinjr. 
and  distribntion  of  valn.-ible  seeds,  etc.,  are  set  forth  above. 

Total  for  Bureau  of  Plant  Industry,  $2,667,995. 

Act  March  4.  1!)13,  c.  145.  37  Stat.  834. 

Tlu'sc  .ire  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
vear  VM  4.  cited  above. 


FOREST   SERVICE. 

(Set>  "Laws  A|iplicai»U'  to  tlie  liiitcd  States  1  •cparinieiit  of  Ai:ricultiu-e."  r.tl2. 

pp.  SG-ias.) 

ACT  MARCH  4.  1913.  c.   145.      (37  Stat.  828.) 

Selection,  etc..  of  lands  within  national  forests  opened  to  settlement  and  entry 
under  homestead  laws;  appropriation  therefor:  expenses  for  examination, 
survey,  and  platting  of  lands  listed  within  national  forests  chiefly  valuable 
for  agriculture:  surveys,  etc..  to  be  made  by  employees  of  Forest  Service; 
unexpended  balances  for  survey  and  listing  lands  reappropriated. 

Thai  the  Secretary  of  Agriculture  is  hereby  directed  and  reipiired 
to  select,  chussify,  and  segregate,  as  soon  as  practicable,  all  lands 
within  the  boiindai'ies  of  ntitioual  forests  that  may  be  opened  to  set- 
tlement and  entry  under  the  homestead  laws  applicable  to  the 
mitional  forests,  and  the  sum  of  $100,000  is  hereby  appropriated  for 
the  purposes  aforesaid:  Prorided,  That  n(4  to  exceed  $35,000  of  this 
.sum  may  l>e  expcnd«Ml  under  the  direction  of  the  Secretary  of  Agri- 
culture i'or  the  examination,  stirvey,  ami  platting  of  certain  lands  now 
listed  or  (o  l)e  listed  within  national  forests  chiefly  vabud)le  for  agri- 
cidture  and  describing  such  lands  by  metes  and  bountls,  as  re(iuired 
l)y  the  act  of  Jun(M'lev(Mitli.  niiieieeu  huuclretl  and  six  (Thirty-fourth 
Statute,  pajxe  two  hundred  and  ihirly-lhree).  and  the  act  of  March 


LAWS  APPLICABLE   TO    DEPARTMENT   OF   AORICULTURE.  23 

tliinl.  t'iirlitcHMi  IiuiKlivd  and  iiinoly-iiinc  (Thirtieth  Statute,  i>affe  ten 
huiulrotl  and  ninoly-five),  and  liereafter  such  surveys,  and  the  |)hits 
land  field  notes  thereof,  shall  he  made  by  eni|)l(»yees  of  tiie  Forest 
Service,  to  he  designated  by  the  United  States  surveyor  "[enerai,  and 
such  surveys  and  the  plats  and  field  notes  thereof  sliall  be  approved 
by  the  Ignited  States  surveyor  <^eneral:  I'ror'uJcd  further.  That  any 
unexpended  balance  of  an  appropriation  of  $3r),o6()  to  be  expended 
"under  the  direction  of  the  vSecretary  of  Ao:riculture  for  survey  and 
listiuii"  of  lands  within  the  Forest  i-eserves  chiefly  valuable  for  agricul- 
ture and  describinji-  the  same  by  metes  and  boinids  or  otherwise,"  and 
so  forth,  provided  by  the  Act  of  Aui>ust  tenth,  nineteen  hundred  and 
twelve,  entitled  "An  Act  makinfr  appropriations  for  the  Department 
of  Aizricultuie  for  the  fiscal  year  endin<:-  June  thirtieth,  nineteen  hun- 
dred and  thirteen.""  be.  and  the  same  is,  hereby  continued  and  made 
available  for  and  during  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred    and    fourteen,    for    the    purpose    of    this    appropriation; 

*         •■}:  * 

Act  M.inh  4.  lOKJ,  v.  14.1.  :!T  Stat.  S4L'. 

Tlu'se  ;iro  i)rovisions  of  the  aj.Mi(iiltiii-:il  ;iiiiii"i'i'i;ii i"ii  ;i< '  f'H"  the  fiscal 
year  1'.»14,  fitetl  above. 

Similar  provisions,  contained  in  (lie  aiiricnlttu'al  approijriation  act  for 
the  fiscal  jear  1913,  act  August  10.  I!n2,  c.  2^4.  are  set  forth  in  "Laws 
Applicable  to  the  Ignited  States  Department  of  Aarriculture."  1912,  p.  182. 

Act  .Tune  IL  inoc.  c.  .■!(»T4,  and  i-mvisions  of  a<-t  .March  ;5.  isno.  c.  424, 
mentioned  aI)ove,  are  set  forth  in  "  Laws  Ai)plicable  to  the  I'nited  States 
Department  i>f  Auricnlture,"  1!)12,  p.  L*'.T  and  ii.  sc,.  rcspecliv(>ly. 

ACT  MARCH  4.  1913.  c.  145.      (37  Stat.  828.) 

Export  of  timber  and  other  forest  products  cut  or  removed  from  national  forests. 

*  '•■'  "  the  Secretary  of  Agriculture  may.  in  his  discretion,  per- 
mit timber  and  other  forest  products  cut  or  removed  from  the  na- 
tional forests  to  be  exported  from  the  State,  Territory,  or  the  District 
of  Alaska  in  which  said  forests  are  respectively  situated  ;     *     *     *. 

Act  March  4.  1913.  c.  145.  37  Stat.  S39. 

This  is  a  provision  accompanying  appropriations  for  "  General  Ex- 
I)enses.  Forest  Service,"  in  the  agricultural  appropriation  act  for  the  fiscal 
year  1914.  cited  above. 

Provisions  in  similar  language,  but  with  certain  exceptions  applicable 
to  the  Black  Hills  and  Harney  National  Forests  in  South  Dakota,  con- 
tained in  the  agricultural  appropriation  act  for  the  fiscal  year  1913.  are 
set  forth  in  "Laws  Applicable  to  the  United  States  Department  of  Agri- 
cvilture,"  1912,  p.  92. 

Palp  wood  or  woo<l  pulp  manufactured  from  timber  in  Alaska  may 
be  exi)orted  therefrom  tuider  act  February  1,  lIHi.'i,  c.  2.SS.  s.  2,  .set  foith 
in  "Laws  Apjilicable  to  the  T'nited  States  Department  of  Acricnlline," 
1912,  p.  93. 

ACT  MARCH  4.  1913.  c.   145.      (37  Stat.  828.) 

Timber  for  telephone  lines,  for  protection  of  national  forests  from  fire. 

*  *  *  That  hereafter  the  Secretary  of  Agriculture,  whenever  he 
may  deem  it  nece.ssarv  for  the  protection  of  the  national  fore.sts  from 
fire,  may  permit  the  u.se  of  timber  free  of  charge  for  the  construction 
of  telephone  lines:     *     *     * 

Act  March  4,  1913,  c.  14"),  .37  Stat.  S43. 

This  is  a  proviso  annexed  to  an  ai)propriation  for  the  administralion. 
protection,  and  development  of  the  national  forests,  in  the  .igricullurnl 
appropriation  act  for  the  fiscal  year  1914,  cittnl  above. 


24  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

ACT  MARCH  4,  1913,  c.  145.     (37  Stat.  828.) 

Expenditure  of  part  of  money  received  from  national  forests  for  construction 
and  maintenance  of  roads  and  trails;  cooperation  with  State  or  Territorial 
authorities. 

'I'liat  lioreafter  an  additional  ton  per  centum  of  all  moneys  received 
from  the  national  forests  diirinir  each  fiscal  year  shall  be  available 
at  the  end  thereof,  to  be  expended  by  the  Secretary  of  Apiculture 
for  the  construction  and  maintenance  of  roads  and  trails  within 
the  national  forests  in  the  States  from  which  such  proceeds  are 
derived;  but  the  Secretary  of  Agriculture  may,  whenever  practicable, 
in  the  construction  and  maintenance  of  such  roads,  secure  the  cooper- 
ation or  aid  of  the  proper  State  or  Territorial  authorities  in  the 
furtherance  of  any  system  of  highways  of  which  such  roads  may 
be  made  a  i)art;     *     *     * 

Act  Mnrch  4.  1913,  c.  145,  37  Stat.  843. 

This  is  ii  ii;iraj;r;i|)h  of  tlie  agricultural  appropriation  act  for  the  fiscal 
year  1014,  cited  above. 

A  paragraph  In  similar  terms,  but  applicable  only  to  moneys  received 
from  the  national  forests  during  the  fiscal  year  1912.  contained  in  the 
agricultural  appropriation  act  for  the  fiscal  year  1913,  is  set  forth  in 
"  Laws  Applicable  to  the  United  States  Department  of  Agriculture," 
1912,  p.  183. 

ACT  MARCH  4,  1913,  c.  145.     (37  Stat.  828.) 
Amendment  of  section  9,  act  March  1,  1911,  c.  186. 

'Jliat  .section  nine  of  the  Act  of  ^farch  first,  nineteen  hundred  and 
eleven  (Thirty-sixth  Statutes,  page  nine  hundred  and  sixtj^-one). 
entitled  "An  Act  to  enable  any  State  to  cooperate  with  any  othei 
State  or  States,  or  with  the  United  States,  for  the  protection  of  the 
wntoi-.sheds  of  navigable  streams,  and  to  appoint  a  commission  for  tht 
acipiisition  of  lands  for  the  purpose  of  conserving  the  navigability  oi 
navigable  rivers,"  be  amended  to  read  as  follows : 

Acquisition  of  lands  by  the  United  States  not  defeated  by  rights  of  v?ay.  ease- 
ments, and  reservation;  not  interfering-  with  use  of  lands:  rights  of  way 
easements,  and  reservations  retained  by  owner  subject  to  regulations,  etc. 

"That  such  acquisition  by  the  United  States  shall  in  no  case  bt 
defeated  because  of  located  or  defined  rights  of  way,  easements,  anc 
reser\  ations,  which,  from  their  nature  will,  in  the  opinion  of  th( 
National  Forest  Reservation  Commission  and  the  Secretary  of  Agri 
culture,  in  no  manner  interfere  with  the  use  of  the  lands  so  encum 
bered,  for  the  i)urj)oses  of  the  Act :  Provided^  That  such  rights  of  way 
easements,  and  re.sei-vations  retained  by  the  owner  from  whom  th( 
United  States  receives  title,  shall  be  subject  to  the  rules  and  regula 
tions  prescrilx?d  by  the  Secretary  of  Agriculture  for  their  occupation 
use,  o|)eration.  protection,  and  administration,  and  that  .such  rule: 
and  regulations  shall  be  expressed  in  and  made  ]iart  of  the  writtei 
instrument  conveying  title  to  the  lands  to  the  United  States;  and  th< 
u.se,  occupation,  and  ojx'ration  of  such  rights  of  way,  easements,  am 
reservations  shall  be  under,  subject  to,  and  in  obedience  with  th< 
rules  arid  regulations  so  expressed." 

Act  March  4.  191.'!.  c.  14.^  'M  Stat.  •S.'"..'".. 

Thcso  are  provisions  of  the  agricultural  appropriation  act.  under  th 
heading  "  Misfcll.incoiis,"  for  the  fiscal  year  1914.  cited  above. 

StTiioii  9.  act  M.arcli  1.  1911,  c.  lS(i.  mentionetl  and  amended  by  thes 
provisions,  is  sot  forth  in  "  Laws  Applicable  to  the  United  States  Depart 
meut  of  Agriculture,"  1912,  p.  100. 


J 


LAWS   APPLICABLE   TO    DKPAHTMENT    OF    AGRICULTURE.  25 

ACT  FEBRUARY  27.  1913,  c.  84.  An  act  fi>r  the  prntoolifin  of  (ho  wntor  supply 
of  the  city  of  Colorado  Springs  and  the  town  of  Maniton,  Colorado.  (.'i7 
Stat.  6S4.) 

Certain  lands  within  Pike  National  Forest  reserved  from  entry  and  set  aside  for 
Colorado  Springs,  Colo.,  for  water  supply. 

That  the  public  lands  within  the  Pike  National  Forest,  situated  in 
J  the  counties  of  El  Paso  and  Teller,  Colorado,  hereinafter  descril)ed, 
are  hereby  reserved  from  all  forms  of  location  or  entry  and  set  aside 
as  a  municipal  water-supply  reserve  for  the  benefit  of  the  city  of 
Colorado  Springs,  a  municipal  corporation  of  the  State  of  Colorado, 
to  wit : 
llj  Lot  three,  the  southeast  quarter  of  the  southwest  quarter  and  the 
south  half  of  the  southeast  quarter  of  section  seven;  the  southwest 
quarter  of  the  southwest  quarter  of  section  eight ;  the  northwest  quar- 
ter of  the  northwest  quarter,  the  south  half  of  the  southwest  quarter, 
the  west  half  of  the  southeast  quarter,  and  the  northeast  quarter  of  the 
southeast  quarter  of  section  seventeen;  lots  two,  thrw.  and  four,  the 
northeast  quarter,  the  east  half  of  the  northwest  quarter,  the  north- 
east quarter  of  the  southwest  quarter,  and  the  northwest  quarter  of 
the  southeast  quarter  of  section  eighteen;  lots  two,  three,  and  four, 
the  northeast  quarter,  the  southeast  quarter  of  the  northwest  quarter, 
the  east  half  of  the  .southwest  quarter,  and  the  west  half  of  the  south- 
east qiuirter  of  section  nineteen;  the  northwest  quarter  of  the  north- 
west quarter  of  section  twenty;  lots  one,  two,  three,  and  four,  the 
west  half  of  the  northeast  quarter,  the  east  half  of  the  northwest 
quarter,  and  the  east  half  of  the  .southwest  (juarter  of  section  thirty; 
lot  one,  the  northwest  quarter  of  the  northeast  quarter  and  the  north- 
east quarter  of  the  northwest  quarter  of  section  thirty-one,  in  town- 
ship thirteen  south,  range  sixty-eight  west  of  the  sixth  principal 
meridian. 

Lot  six  of  section  four;  lots  one,  two,  three,  and  four,  the  south 

half  of  the  northeast  quarter,  and  the  northeast  quarter  of  the  .south- 

ea.st  quarter  of  section  nine;  the  south  half  of  the  northeast  (piarter, 

the  south  half  of  the  northwest  quarter,  the  southwest  quarter,  and 

the  north  half  of  the  southeast  quarter  of  section  ten;  the  south  half 

II   of  the  soutlieast  quarter,  and  the  northeast  quarter  of  the  southeast 

Jf  quarter  of  section  fourteen:  the  north  half  of  the  northwest  (juarter, 

\  and  the  southeast  (piarter  of  the  southeast  quarter  of  section  tift»HMi; 

i   lot  two.  the  northeast  quarter  of  the  northeast  quarter,  the  south  half 

'   of  the  southeast  quarter,  and  the  northwest  quarter  of  the  >()ulheast 

*I'   Quarter  of  section  twenty-two:  the  east  half  of  the  northeast  quarter, 

*•   the  southwest  (piarter  of  the  northeast  quarter,  the  >oiitlieast  (piarter 

il*     of  the  northwest  quarter,  and  the  south  half  of  .section  twenty-three; 

«     the  north  half  of  the  north  half,  the  southwest  (jiiarter  of  the  north- 

^''    west  quarter,  the  southwest  quarter,  the  we~t  half  of  the  southeast 

fj'   quarter,  and  the  .southeast  quarter  of  the  southeast  quarter  of  section 

*'    twenty-six:  the  north  half  of  the  northeast  qiuirter,  the  southwest 

I"''    quarter  of  the  northeast  (|uarter.  and  the  south  half  of  section  twenty- 

*•    seven,  in  township  fourteen  .south,  range  sixty-eight  west  of  the  sixth 

principal  meridian. 

The  southeast  quarter  of  the  southwest  quarter  of  .section  ten;  the 
4'  south  half  of  the  northeast  quarter,  the  southwest  quarter  of  thesouth- 
!■    west  qiuirter,  the  ea.st  half  of  the  southwest  quarter,  and  (he  southea.st 

2600—13 4 


i«i 


26  LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

quarter  of  section  thirteen:  the  northeast  quarter  of  the  southwest 
quarter,  and  the  southeast  quarter  of  the  southeast  quarter  of  section 
fourteen ;  the  west  half  of  the  northeast  quarter,  and  the  north  half 
of  the  southwest  quarter  of  section  fifteen ;  the  west  liulf  of  the  north- 
east quarter,  the  west  half  of  the  southeast  quarter,  the  southeast 
quarter  of  the  southeast  quarter,  and  the  south  half  of  the  northeast 
quarter  of  the  southeast  quarter  of  section  twenty-one ;  the  northeast 
qiuirter,  the  east  half  of  the  northwest  quarter,  the  east  half  of  the 
southwest  quarter,  the  southwest  quarter  of  the  southwest  quarter, 
tiic  south  half  of  the  northwest  quarter  of  the  southwest  quarter,  and 
the  southeast  quarter  of  section  twenty-two;  all  of  sections  twenty- 
three  and  twenty-four;  the  northeast  quarter,  the  east  half  of  the 
northwest  quarter,  and  the  south  half  of  section  twenty-live;  the  west 
half  of  the  northeast  quarter,  the  northwest  quarter,  and  the  south 
half  of  section  twenty-six;  all  of  section  twenty-seven;  the  north  half 
of  the  northeast  (quarter,  the  west  half  and  the  south  half  of  the  south- 
east qiuirter  of  section  thirty-five;  the  north  half  of  the  northeast 
quarter,  and  the  west  half  of  section  thirty-six,  in  townshij)  thirteen 
south,  range  sixty-nine  west  of  the  sixth  principal  meridian. 

The  west  half  (or  lots  three  and  four,  the  south  half  of  the  north- 
west (piarter,  and  the  southwest  quarter)  of  section  one;  and  th( 
north  half  of  the  northeast  quarter  (or  lots  one  and  two)  of  sectior 
two,  in  township  fourteen  south,  range  sixty-nine  west  of  the  sixtl 
principal  meridian,  containing  ten  thousand  one  hundred  and  thirty 
one  and  twenty- three  hundredths  acres,  more  or  less. 

Act  February  27.  1913,  c.  84,  s.  1,  37  Stat.  G.S4. 

Certain  lands  within  Pike  National  Forest  reserved  from  entry  and  set  aside  £o: 
Manitou,  Colo.,  for  water  supply. 

Sec.  2.  That  the  public  lands  within  the  Pike  National  Forest,  situ 
iited  in  the  counties  of  VA  Paso  and  Teller.  Colorado,  hereinafte 
de.scribed,  are  hereby  reser\ed  from  all  forms  of  location  orentry  ani 
set  aside  as  a  nnmicipal  water-supply  reserve  for  the  benefit  of  th 
town  of  Manitou.  a  munici[)al  coi-poration  of  the  State  of  Colorado 

Lot  four,  llu'  southeast  ({uarter  of  the  southwest  quarter,  and  th 
south  half  of  the  southeast  qiuirter  of  section  thirty-one;  the  .^out 
half  of  the  southwest  quarter,  the  south  half  of  the  southeast  quartei 
ami  the  northeast  (piartcr  of  the  southeast  quarter  of  section  thirt} 
two;  the  south  half  of  the  northeast  ([uarter.  the  north  lialf  of  th 
southwest  quarter,  and  the  ea.st  half  of  the  southeast  (piarter  of  sec 
(ion  thirty-three:  all  of  section  thirty- four:  the  west  half  of  sectio 
(liirty-fivc.  in  township  thirteen  south,  range  sixty-eight  west  of  tl 
}-i.\th  i)rin(;ipal  meridian. 

Lots  three  and  four,  tiu"  south  half  of  the  northwest  (juarter.  tl 
north  half  of  the  southwest  (juartei-.  and  the  southwest  (piarter  c 
the  southwest  <|uai-ter  of  section  two:  all  (including  lots  one.  tw 
three,  and  four)  of  section  three:  lot  five,  the  north  half  (includir 
lots  one,  two,  three,  and  four),  and  the  east  half  of  the  .southea 
quarter  of  section  foui-:  lots  one.  two.  three,  four,  five,  six.  and  seve 
the  south  half  of  the  northeast  (|iiarler.  the  south  half  of  the  nortl 
west  (juarter.  and  the  noi'th  half  of  the  .'southwest  (|uarter  of  .sectit 
five;  lots  on*',  two.  three,  four,  five,  six,  .seven,  and  eight,  the  .soui 
half  of  the  northeast  (|uar(er.  (he  southeast  quarter  of  the  noilhwe 
<iuarter.  the  east  half  of  the  southwest  (|uai-ter.  the  southwest  ([uart ' 
of  (he  soudieast  quarter,  and  the  north  half  of  (he  southeast  quart' 


9 


LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE.  27 

ii  . 

'  *>f  section  .six;  lots  one.  iwo.  three,  and  ioui-  ol  section  -exi-n:  the 
lorth  hall"  of  the  northeast  (piartor  of  section  ten,  in  township  foiir- 
cen  south,  ran<re  sixty-ei<rht  west  of  the  sixth  jirincipal  meridian. 

The  east  lialf  (or  lots  one  and  two.  the  south  half  of  the  noiMheast 

Miarter.  ami  the  southeast  iiuarter)  of  .section  one;  and  all  that  part 

t"  tiie  northeast  quarter  of  section  twelve  lyinp;  north  of  the  north 

line  of  the  Pikes  Peak  Military  Ueservation,  in  township  fourteen 

'outh.  rantre   sixty-nine  west   of  the  sixtii   principal   meridian,  con- 

aininir  four  thousand  .seven  hundred  and  twelve  acre>.  uu)r('  or  Iess» 

Act  Felu-uary  27.  1913.  c.  84.  s.  2.  37  Stat.  685. 
Administration  of  lands  reserved  and  set  aside. 

Sec.  3.  That  the  lands  heretofore  described  and  reserved  for 
iiunicipal  water-supply  purposes  shall  be  administered  by  the  Secre^ 
,tary  of  A<j:ri('idture  at  the  exiiensi-  of  and  in  cooperation  with  the 
;city  of  Colorado  Sprin<rs  and  tlie  town  of  Manitou,  said  expense  to  be 
(borne  and  paid  by  said  city  of  Colorado  Springs  and  town  of  Manitou 
,in  proportion  to  the  ntunber  of  acres  reserved  for  the  respective  use 
iOf  each  of  said  munici])alities  for  the  purpose  of  storing  and  con- 
{serving  the  water  supply,  i^rotecling  them  from  iKjllutit)n.  and  pre- 
jserving  the  timber  on  said  lands  to  more  fidly  accomplish  such  pur- 
,po6es,  and  to  that  end  said  city  and  town  shall  each  have  the  right, 
isubject  to  approval  by  the  Secretary  of  Agricidture.  to  the  u.se  of  any 
.and  all  parts  of  the  land  reserved  for  them.  respecti\ely.  for  the  stor- 
age and  conveying  of  water,  and  the  construction  and  maintenance 
ithereon  of  reservoirs,  pipes,  mains,  conduits,  and  other  like  improve- 
'ments. 

Act  February  27.  11)13.  c.  84.  s.  3.  37  Stat.  GSG. 

.Begulations  for  carrying  out  purpose  of  act;   trespassing  forbidden;   violations 
of  act  or  regulations,  punishable. 

Sec.  4.  That  in  addition  to  the  authority  given  the  Secretary  of 
j Agriculture  under  the  Act  of  June  fourth,  eighteen  hundred  and 
.ninety-seven  (Thirtieth  Statutes,  page  thirty-live),  he  is  liereby 
! authorized  to  prescribe  and  enforce  such  regulations  as  he  may  find 
j  necessary  to  carry  out  the  purpose  of  this  Act,  including  the  riglit  to 
i forbid  persons  other  than  forest  ofticers  and  tho.H'  authorized  by  the 
j  municipal  authorities  from  entering  or  otherwise  trespassing  upon 
i these  lands,  and  any  violation  of  this  Act   or  of  regulations  issued 

thereunder  .shall  be  punishable  as  is  provided  for  in  section  fifty  of 
)  the  Act  entitled  ''An  Act  to  codify,  revise,  and  amend  the  penal  laws 
jof  the  United  States  a]-)proved  starch  fourth,  nineteen  hundred  and 

nine  (Thirty-hfth  .Statutes  at  I-^arge.  page  one  tluuisand  and  ninety- 
.  eight),  as  amended  by  the  Act  of  Congress  approved  June  twenty- 
i  fifth,  nineteen  liundred  and  ten  (Thirty-.sixth  Statutes  at  Large,  page 

eigiit  himdred  and  fifty-.seven). 

Act  Fp|)rn:iry  27.  1013,  c.  S4.  s.  4.  .37  .Stat.  HSG. 

Tlie  provisions  of  net  .Tune  4.  1897.  c.  2.  s.  1.  30  Stat.  .^.'i.  mentioned  In 
this  .'j«x'tion.  are  sot  forth  in  "Laws  Ai>plicable  to  the  T'nilcd  States  I>o- 
'  partnient  of  Acriniltnn'."  1912.  pj).  8S  90. 

I  Section  .'.<).  jH-t  M.irch  4.  1!>0!).  c.  321.  3.".  Stat.  109s.  ;,s  ;\nien(le<l  l)y  act 

.June  2;"..  I'.IIO.  c.  431.  s.  6.  is  set  forth  in  "Laws  Appli<"'M"  t"  <li<'  Unit..*! 
States  Department  of  Ajrricultnre."  1912,  p.  lO.'i. 


28  LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGPtlCULTURE. 


Act  subject  to  private  rights. 

Sec.  5.  That  this  Aci  shall  be  subject  to  the  legal  rights  of  an 
municipality,  jjeison  or  persons  in  or  to  the  above-described  prein 
ises,  or  any  part  thereof,  or  the  water  thereof. 

Act  February  27,  1913,  c.  84,  s.  5.  37  Stat.  687. 
Amendment  or  repeal  of  act. 

Sec.  6.  The  right  to  alter,  amend,  or  repeal  this  Act  is  hereby 
expressly  reserved. 

Act  February  27.  1913,  c.  84,  s.  0.  37  Stat.  687. 


I 


I 


ACT  MARCH  4,  1913.  c.  145.     (37  Stat.  828.) 

Reimbursement  of  owners  of  horses,  vehicles,  etc.,  lost,  damaged,  or  destroyed 
in  fire  fighting,  etc. 

That  hereafter  the  Secretary  of  Agriculture  is  authorized  to  reim- 
burse owners  of  horses,  vehicles,  and  other  equipment  lost,  damaged, 
or  destroyed  while  being  used  for  necessary  fire  fighting,  trail,  or 
official  business,  such  reimbursement  to  be  made  from  any  avail:dile 
funds  in  the  appropriation  to  which  the  hire  of  such  eciuipmeut  is 
properly  chargeable. 

Act  March  4.  1913.  c.  145,  37  Stat.  843. 

This  is  a  par.igraph  of  the  a.gricultural  appropriation  act  for  the  fiscal 
year  1914,  cited  above. 

ACT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Leave  of  absence  to  employees  of  the  Forest  Service  in  Alaska. 

That  hereafter  the  employees  of  the  Forest  Service  who  arc  as- 
signed to  permanent  duty  in  Alaska  may,  in  the  discretion  of  the 
Secretary  of  Agriculture,  without  additional  expense  to  the  Govern- 
ment, be  granted  leave  of  absence  not  to  exceed  thirtv  days  in  anv  one 
year,  which  leave  mnj,  in  exceptional  and  meritorious  cases  where 
such  an  employee  is  ill,  be  extended,  in  the  discretion  of  the  Secretary 
of  Agriculture,  not  to  exceed  thirty  days  additional  in  any  one  year. 

Aft  March  4,  191.3.  o.  14."),  ,37  Stat.  S43. 

Thi.-J  is  n  i)rovisioii  of  the  afiriculturjil  apiiropriation  .ict  for  the  fiscal 
year  1914,  cited  above. 

,\  provision  for  leave  of  absence  '"not  to  exceed  lifteou  days"  to  em- 
ployees of  the  Departuieut  of  Agriculture  outside  of  Washington,  con- 
tained in  the  iigrienltnral  ai>|)ropriiition  art  for  the  fiscal  year  1!'09.  net 
May  23,  1908.  c.  192,  is  set  forth  in  "  Laws  Applicable  to  the  Inited 
StnVes  I)ei)artment  of  Agrii-ultnre,"  1912,  p.  22. 

Provisions  of  net  Miin-b  .3.  18>^3.  c.  211,  and  act  July  7.  1'=!9<?,  c.  r.71, 
rebifing  to  lenve  of  .-ibsence  to  clerks  .iiid  employees  in  the  execiitive 
dei):irtnienfs  in  general,  are  set  forth  in  "  Laws  Apitli»*able  to  the  I'nifed 
States  Department  of  Agricidtnre,"  1912.  p.  292  and  p.  293.  respectiv(>ly. 

ACT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Furnishing  young  trees   from   Nebraska   National   Forest   to   residents    of   arid 
region. 

Nebni.ska  Xational  Forest,  Nebraska,  ''  *  *  That  from  tlie 
nurseries  on  said  forest  the  Secretary  of  Agriculture,  under  such 
rules  and  regidations  as  he  may  prescribe,  may  furnish  young  trees 
free,  so  far  as  they  may  be  spared,  to  residents  of  the  territory  covered 
by   "An    Act    increasing   the    area    of   home.->teads    in    a    portion    of 


LAWS  APrLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  29 

Nebraska,"   approved  April   twenty-eighth,  nineteen    hundred    and 
four;     *     *     * 

Act  Mnrch  4.  1013.  c.  14^.  37  Stat.  S40. 

This  is  a  proviso  annexed  to  an  appropriation  for  expenses  of  tlie 
Nebraslva  National  Forest  in  llie  afiricuitnral  approprialiou  net  for  the 
fiscal  year  1014.  cited  above.  Provisions  in  the  same  lanjiuace  accom- 
panied the  similar  appropriation  act  for  the  two  preceding  fiscal  years. 

ACT  MARCH  4,  1913,  c.  145.     (37  Stat.  828.) 

FOREST  SERVICE. 

Salariks,  Forest  Service:  One  Forester,  who  shall  be  chief  of 
bureau,  $r),000;  one  administrative  assistant,  $2,000;  one  forest 
supervisor,  $2,700;  one  forest  supervisor,  $2,G00;  five  forest  super- 
visors, at  $2,400  each;  twenty  forest  supervisors,  at  $2,200  each; 
forty-eight  forest  supervisors,  at  $2,000  each;  sixty-six  forest  super- 
visors, at  $1,800  each;  ten  forest  supervisors,  at  $1,G00  each;  four 
deputy  forest  supervisors,  at  $1,700  each;  twenty-seven  deputy 
forest  supervisors,  at  $1,000  eacli ;  thirty-one  deputy  forest  super- 
visors, at  $1,500  each;  eighteen  deputy  forest  supervisors,  at  $1,400 
each;  two  forest  rangers,  at  $l,r)00  each;  twenty-one  forest  rangers, 
at  $1,400  each;  seventy-eight  forest  rangers,  at  $1,300  each;  two 
hundred  and  eighty-six  forest  rangers,  at  $1,200  each;  six  hundred 
and  ninety  assistant  forest  rangers,  at  $1,100  each;  one  property 
auditor,  $1,800;  one  clerk,  $2,100;  three  clerks,  at  $2,000  each; 
thirteen  clerks,  at  $1,800  each;  twenty-five  clerks,  at  $1,G00  each; 
nine  clerks,  at  $1,500  each;  seventeen  clerks,  at  $1,400  each;  six 
clerks,  at  $1,300  each;  seventy-seven  clerks,  at  $1,200  each;  fifty- 
nine  clerks,  at  $1,100  each;  fifty-one  clerks,  at  $1,020  each;  thirty 
clerks,  at  $960  each;  one  hundred  and  twenty-eight  clerks,  at  $000 
each;  two  clerks,  at  $840  each;  one  game  warden,  $1,400;  one  game 
warden,  $1,200;  one  compiler,  $1,800;  one  draftsman,  $2,000;  three 
draftsmen,  at  $1,600  each;  two  draftsmen,  at  $1,500  each;  six  drafts- 
men, at  $1,400  each;  four  draftsmen,  at  $1,300  each;  eight  drafts- 
men! at  $1,200  each;  two  draftsmen,  at  $1,100  each;  three  draftsmen, 
at  $1,020  each;  one  draftsman.  $060;  four  draftsmen,  at  $000  each; 
one  artist,  $1,400;  one  artist,  $1,000;  three  map  colorists,  at  $900 
each;  one  map  colorist,  $720;  one  photogi-apher,  $1,600;  one  pho- 
tographer, $1,400;  one  photographer,  $1,200;  one  photographer, 
$1,100;  one  lithographer,  $1,200;  one  lithographer's  helper,  $780; 
one  machinist,  $1,260;  one  carpenter,  $1,200;  two  carpenters,  at 
$1,000  each;  one  carpenter.  $060;  one  electrician.  $1,020;  one  labo- 
'  ratory  aid  and  engineer,  $000:  three  laboratory  assistants,  at  $000 
each;*  one  laboratory  assistant,  $800;  one  laboratory  helper.  $720; 
one  laboratory  helper,  $600;  one  packer,  $1,000;  one  packer,  $780: 
four  watchmen,  at  $840  each;  one  mes.senger  or  laborer,  $060;  tliree 
■'  'messengers  or  laborers,  at  $000  each;  four  messengers  or  laborers, 
at  $840  each ;  three  messengers  or  laborers,  at  $780  each ;  four  mes- 
I'sengers  or  laborers,  at  $720  each;  six  me.s.sengers  or  laborers,  at 
I  '$660  each;  five  messengei'S  or  laborers,  at  $000  oarh  ;  two  messengers 
f  ;  or  laborers,,  at  $540  each ;  three  messengers  or  messenger  boys,  at 
'  j  $480  each ;  three  messengers  or  messenger  boys,  at  $420  each ; 
twelve  me-ssengers  or  messenger  boys,  at  $360  each;  one  apprentice 


30  LAWS    APPLICABLE    TO    DKPARTMENT    OF    AGRICULTURE. 

boy,  $480;  one  charwoman,  $540:  one  charwoman,  $480;  one  char- 
woman, $300;  eleven  charwomen,  at  $240  each;  in  all,  $2,239,560. 

General  expenses.  Forest  Service:  To  enable  the  Secretary  of 
Agricultiue  to  experiment  and  to  make  and  continue  investigations 
and  report  on  forestry,  national  forests,  forest  fires,  and  lumbering, 
but  no  pari  of  this  appropriation  shall  be  used  for  any  experi- 
ment or  test  made  outside  the  jurisdiction  of  the  United  States; 
to  advise  the  owners  of  woodlands  as  to  the  proper  care  of  the  same; 
to  investigate  and  test  American  timber  and  timber  trees  and  their 
uses,  and  methods  for  the  preservative  treatment  of  timber:  to 
seek,  through  investigations  and  the  planting  of  native  and  foreign 
species,  suitable  trees  for  the  treeless  regions;  to  erect  necessary 
buildings:  Provided,  That  the  cost  of  any  building  erected  shall 
not  exceed  $650:  And  provided  further.  That  no  part  of  the  appro- 
priation made  by  this  Act  shall  be  used  for  the  construction,  rejxiir, 
maintenance  or  use  of  buildings  or  improvements  made  for  forest- 
ranger  stations  within  the  inclosed  fields  of  bona  fide  homestead 
settlers  who  have  established  residence  upon  their  homestead  lands 
prior  to  the  date  of  the  establishment  of  the  forest  reservation  in 
which  the  homestead  lands  are  situated,  without  the  consent  of  the 
homesteader;  to  pay  all  expenses  necessary  to  protect,  administer, 
and  improve  the  national  forests:  to  ascertain  the  natural  condi- 
tions upon  and  utilize  the  national  forests;     *     *     *. 

A  provision,  hero  omitted,  authorizing  the  exiiort  of  timber  aiul  other 
forest  products  cut  or  removed  from  national  forests,  is  set  f(Ulli  on 
p.  2.3.  ante. 

to  transport  and  care  for  fish  and  game  supplied  to  stock  the 
national  forests  or  the  waters  therein;  to  employ  agents,  clerks,  as- 
sistants, and  other  labor  required  in  jiractical  forestry  and  in  the 
aduiinistration  of  national  forests,  in  the  city  of  Washington  and 
elsewheiv:  to  colhite.  digest,  report,  and  illustrate  the  results  of  ex- 
periuients  and  investigations  made  bv  the  Forest  Service:  to  purchase 
necessary  supplies,  apparatus,  and  otHco  fixtures,  and  technical  books 
and  technical  journals  for  officers  of  the  Forest  Service  stationed 
outside  of  Washington;  to  pay  freight,  express,  telephone,  and  tele- 
graph charges;  for  electric  light  and  power,  fuel,  gas,  ice,  washing 
<owels,  and  official  traveling  and  other  necessary  expenses,  including 
traveling  expenses  for  legal  and  fiscal  officers  while  performing 
Foiest  Service  work  ;  and  for  rent  outside  of  the  District  of  Columbia, 
as  follows: 

I*'or  .salaries  and  field  and  station  expenses,  including  the  main- 
tenance of  nurseries,  collecting  sernl,  and  planting,  necessary  for  the 
use,  maintenance,  improvement,  and  in'otection  of  the  national  forest* 
named  below : 

AbsnioUa   National   I-'orest,  ^lontana.  $7,425; 
Alamo  National  Forest.  New  Mexico,  $4,400; 
Aiigi'les  National  Forest.  Calif(U-nia,  $lt'>.774; 
Apache  National   Forest.  Arizona,  $8,610: 
Arai)alio  National  Forest,  Colorado,  $18,080; 
Arkansas  National   Forest,  Arkansas,  $17,910; 
Asbley  National  Forest,  T^tah  and  Wyoming,  $7,668; 
Battlement   National   Forest.  Colorado.  $7.:W0; 
Heartooth  National  Forest.  Montana.  $7,020; 


LAWS    APPLICABLK    TO    DEI'A  I!  I M  KX  I     OF    A<  iruri'I.Tl'RE.  31 

Beaverhoiul  National  Forest.  Montana  and  Idaho,  $10,585; 

Bi<j;h()i'n  National   Forest,  Wyoniino;.  $1-2,105 ; 

Bitterroot  National  Forest,  Montana,  $i;>.531 ; 

Blaokfoet  National  Forest, Montana,  $21,1)81: 

Black  Hills  National  Forest,  South  Dakota,  $11,312; 

Boise  National    Forest,  Idaho.  $1-2,:')T3; 

Bonneville  National  Forest,  Wyoniinfj,  $5,255; 

Brido^er  National  Forest,  Wvoininf]^,  $4,200; 

Cabinet  National  Forest.  Montana,  $11,241: 

Cache  National  Forest,  Utah  and  Idaho,  $9,020: 

California  National  Forest,  (California,  $13,803; 

Caribou  National  Forest,  Idaho  and  Wyoming,  $0,146; 

Carson  National  Forest,  New  Mexico,  $10,200; 

Cascade  National  Forest,  Orefron.  $12,179; 

Challis  National  Forest.  Idaho,  $7,015; 

Chelan  National  Forest,  Washington,  $0,130; 

Chiricahua  National  Forest,  Arizona  and  New  Mexico,  $6,905; 

Chugach  National  Forest,  Alaska,  $22,530: 

Clearwater  National  Forest,  Idaho,  $15,827; 

Cleveland  National  Forest,  California,  $16,329; 

Cocheto]:.a  National  Forest,  Colorado,  $8,204; 

Coconino  National  Forest,  Arizona,  $13,813; 

Coeur  d'Alene  National  Forest,  Idaho,  $40,337; 

Colorado  National  Forest,  Colorado,  $8,734; 

Columbia  National  Forest,  Washington,  $13,807; 

Colville  National  Forest,  AVashington,  $12,174; 

Coronado  National  Forest,  Arizona,  $11,485; 

Crater  National  Forest,  Oregon  and  California,  $20,000; 

Crook  National  Forest.  Arizona,  $5,240: 

Custer  National  Forest,  Montana,  $0,480; 

Dakota  National  Forest,  North  Dakota,  $835; 

Datil  National  Forest,  New  Mexico,  $20,900; 

Deerlodge  National  Forest.  Montana,  $10,893; 

Deschutes  National  Forest,  Oregon,  $12,200; 

Dixie  National  Forest.  Utah  and  Arizona.  $4,777; 

Durango  National  Forest,  Colorado,  $8,085: 

Eldorado  National  Forest,  California  and  Nevada.  $13,080; 

Fillmore  National  Forest,  Utah,  $2,210; 

Fishlake  National  Forest,  Utah,  $6,376; 

Flathead  National  Forest,  Montana,  $27,116; 

Florida  National   Forest,  Florida.  $7,605; 

Fremont  National   Forest,  Oregon,  $12,400; 

Gallatin  National  Forest,  Montana.  $0,1(51 ; 

Gila  National  Forest,  New  Mexico,  $14,400; 

Gunnison  National  Forest,  Coloi'ado,  $10,052; 

Harney  National  Forest,  South  Dakota,  $8,808; 

Hayden  National  Forest,  Wyoming  and  Colorado,  $7,525; 

Helena  National  Forest,  ^Montana,  $11,120: 

Holy  (^ross  National  Forest.  Colorado.  $0,000; 

Humboldt  National  Forest,  Nevada,  $4,330; 

Idaho  Naticmal  Forest.  Idaho,  $8,485;^ 

Inyo  National  Forest,  Califoiiiia  and  Nevada,  $8,839; 

Jeti'ei'son  National  Forest,  Montana,  $11,304: 

Jemez  National  Forest,  New  Mexico,  $13,480; 


32  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

Kaibab  National  Forest,  Arizona,  $4,840; 

Kaniksu  National  Forest,  Idaho  and  Washington,  $3(),916; 

Kansas  National  For&st,  Kansas  $3,117; 

Kern  National  Forest,  California,  $18,172; 

Klamath  National  Forest,  California,  $29,643; 

Kootenai  National  Forest,  Montana,  $27,846; 

La  Sal  National  Forest,  Utah  and  Colorado.  $5,775; 

Lassen  National  Forest,  California,  $16,774; 

Leadville  National  Forest,  Colorado,  $9,037; 

Lemhi  National  Forest,  Idaho,  $5,895; 

Lewis  and  Clark  National  Forest,  Montana,  $10,614; 

Lincoln  National  Forest,  New  Mexico,  $5,617; 

Lolo  National  Forest,  Montana,  $20,104; 

Luquillo  National  Forest,  Porto  Rico,  $3,961 ; 

Madison  National  Forest,  Montana,  $9,606; 

Malheur  National  Forest,  Oregon,  $13,260; 

Manti  National  Forest,  Utah,  $11,578; 

Manzano  National  Forest,  New  Mexico,  $1,600; 

Marquette  National  Forest,  Michigan,  $1,170; 

Medicine  Bow  National  Forest,  "Wyoming,  $17,429; 

Michigan  National  Forest,  Michigan,  $2,417; 

Minam  National  Forest,  Oregon,  $4,930; 

Minnesota  National  Forest,  Minnesota,  $6,560; 

Minidoka  National  Forest,  Idaho  and  Utah,  $3,680; 

Missoula  National  Forest,  Montana.  $9,941; 

Moapa  National  Forest,  Nevada,  $860; 

Modoc  National  Forest,  California,  $10,950; 

Mono  National  Forest,  Nevada  and  California,  $7,047; 

Monterey  National  Forest,  California,  $2,787; 

Montezuma  National  Forest,  Colorado.  $8,802; 

Nebo  National  Forest,  Utah,  $1,654; 

Nebraska  National  Forest,  Nebraska,  $5,000:     *     *     *. 

A  proviso,  here  omitted,  aiilborizing  tlie  furuisliiuy  of  young  trees  from 
nurseries  on  the  Xebraslvu  .National  Forest,  to  certain  residents,  is  set 
forth  on  p.  2JS,  ante. 

Nevada  National  Forest,  Nevada,  $7,410; 

Ne/  IVfce  Nalioiud  Forest,  Idaho,  $14,619; 

Ochoco  National  Forest,  Oregon,  $9,800: 

Okanogan  National  Forest,  Washington.  $15,900: 

Olympic  National  Forest.  Washington,  $16,130; 

Oregon  National  Forest,  Oiegon.  $17,600; 

Ozaik  National  Forest,  Arkansas,  $15,893; 

Palisade  National  Forest,  Idaho  and  Wyoming,  $8,173; 

Tatdina  National   Forest,  Orciron,  $12,770: 

Tayelte  National  Forest,  Idalio,  $16,522: 

l*ecos  NatioiKil  Forest,  New  Mexico,  $12,200; 

IVmkI  Oreille  National  Forest,  Idaho,  $15,449; 

I'ikc  National   Forest,  Colorado.  $16,862; 

IMumas  National  Forest.  California,  $24,607: 

Pocatello  National  Forest.  Idaho  and  Utah.  $1,483; 

Towell  National  Forest,  Utah,  $2,586; 

I'rescott    National   I^'orest,  Arizona.  $4,780: 

Kainier  National  Forest,  ^^'ashinirton.  1S14.4(X): 


LAWS  APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE.  33 

Rio  Grande  National  Forest.  Colorado,  $10,076'; 

Routt  National  Forest,  Colorado,  $10,265; 

Rubv  National  Forest,  Nevada,  $3,583; 

Saint  Joe  National  Forest,  Idaho.  $45,324; 

Salmon  National  Forest,  Idaho,  $12,169; 

San  Isabel  National  Forest,  Colorado,  $5,655; 

San  Juan  National  Forest,  Colorado,  $8,450; 

Santa  Barbara  National  Forest,  California,  $11,407; 

Santa  Rosa  National  Forest,  Nevada.  $2,180; 

Santiam  National  Forest,  Oregon,  $12,627; 

Sawtcwth  National  Forest,  Idaho,  $5,535; 

Sehvay  National  Forest,  Idaho,  $14,695; 

Sequoia  National  Forest.  California.  $15,821; 

Sevier  National  Forest,  Utah.  $3,760; 

Shasta  National  Forest,  California,  $19,240; 

Shoshone  National  Forest,  Wyoming,  $7,905; 

Sierra  National  Forest,  California,  $24,721; 

Sioux  National  Forest.  South  Dakota  and  Montana,  $6,895; 

Siskiyou  National  Forest.  Oregon  and  California,  $16,530; 

Sitgreaves  National  Forest,  Arizona,  $6,200; 

Siuslaw  National  Forest.  Oregon,  $10,260; 

Snoqualmie  National  Forest,  Washington,  $17,460; 

Sopris  National  Forest.  Colorado,  $7,426; 

Stanislaus  National  Forest,  California.  $16,601; 

Sundance  National  Forest.  Wyoming.  $3,711; 

Superior  National  Forest.  Minnesota.  $9,092; 

Tahoe  National  Forest.  California  and  Nevada,  $18,567; 

Targhee  National  Forest.  Idaho  and  AVyoming,  $8,861; 

Teton  National  Forest.  Wyoming,  $6,760; 

Toiyabe  National  Forest.  Nevada.  $9,770; 

Tongass  National  Forest.  Alaska.  $23,260; 

Tonto  National  Forest,  Arizona,  $5,495; 

Trinity  National  Forest,  California.  $24,266; 

Tusayan  National  Forest.  Arizona.  $15,261; 

Uinta  National  Forest.  Utah,  $5,585; 

Umatilla  National  Forest.  Oregon,  $12,400; 

Unipqua  National  Forest.  Oregon,  $12,240; 

T'^nrompahgre  National  Forest,  Colorado,  $10,900; 

Wallowa  National  Forest.  Oregon,  $9,460; 

Wasatch  National  Forest,  Utah,  $3,200; 

Washakie  National  Forest.  Wyoming.  $3,900; 

Washington  National  Forest.  Washington,  $13,130; 

Weiser  National  Forest.  Idaho,  $10,460; 

Wenaha  National  Forest,  Washington  and  Oregon,  $10,060; 

Wenatchee  National  Forest,  Washington.  $11,330; 

White  River  National  Forest.  Colorado.  $10,267; 

Whitman  National  Forest,  Oregon.  $19,400; 

AVichita  National  Forest,  Oklahoma.  $3,800.  and  not  to  exceed 
$2,000  may  bo  expended  in  the  erection  of  a^headquarters  budding; 

Wyoming  National  Forest.  Wyoming.  $7,170; 

Zu'ni  National  Forest.  New  Mexico  and  Arizona.  $3,734; 

Additional  national  forests  created  or  to  be  created  under  section 
eleven  of  the  Act  of  March  first,  nineteen  hundred  and  eleven  (Thirty- 


34  LAWS    APPLICABLE    TO    DEPARTMKNT    OF    AGRICULTURE. 

sixth  Statutes,  page  nine  hundred  and  sixty-three),  and  hinds  under 
contract  for  purchase  or  for  the  acquisition  of  which  condemnation 
proceedings  have  been  instituted  for  the  purposes  of  said  Act.  $57,590; 

:;:  *  *  *  *  *  * 

I'lovisions.  lieiv  oniittecL  retiuiiinfi  the  Socretao-  of  Agriculture  to 
s<»lt>('t.  etc..  I.mikIs  witliin  forest  rcsorxrs  thiit  iiiny  he  ojiened  \o  settlciiieiu 
and  entrj'  under  the  homestead  hiws.  and  niakiuK  an  appropriation  there- 
for; authorizing  the  expenditure  of  a  part  thereof  for  the  examina- 
tion, survey,  .•md  iilatting  by  employees  of  the  Forest  Service  of  lands 
listed  within  national  forests  chiefly  valuable  for  agriculture;  and  re- 
ajtpropriating  unexpended  balances  for  surveying  and  listing  such  lands. 
are  set  forth  on  p,  22,  (ititc. 

For  fighting  and  preventing  forest  fires  and  for  other  unforeseer 
emergencies,  $150,000; 

For  the  purchase  and  maintenance  of  necessary  field,  office,  and 
laboratory  supplies,  instriunents.  and  equi])ments.  $100,000; 

For  investigations  of  methods  for  wood  distillation  and  for  tht 
preservative  treatment  of  timber,  for  timber  testing  and  the  testing 
of  such  woods  as  nuiy  require  test  to  ascertain  if  they  be  suitable 
for  making  paper,  and  for  other  investigations  and  experiments  t( 
promote  economy  in  the  use  of  forest  products,  $140,000; 

For  experiments  and  investigations  of  range  conditions  withii 
national  forests,  and  of  methods  for  improving  the  range  by  reseed 
ing.  regulation  of  grazing,  and  other  means,  $25,000; 

For  the  jDurchase  of  tree  seed,  cones,  and  nursery  stock,  for  seedin; 
and  tree  planting  within  national  forests,  and  for  exjieriments  an< 
investigations  necessary  for  such  seeding  and  tree  planting,  $105,040 
Provklech  That  the  Secretary  of  Agricidture  may  procure  such  seer 
cones,  and  nursery  stock  by  open  jiurchase  without  advertisement 
for  proposals,  whenever  in  his  discretion  such  method  is  most  ecc 
nomical  and  in  the  public  interest,  and  when  the  cost  thereof  wi 
not  exceed  $500 : 

For  silvicultural.  dendrological,  and  other  experiments  and  invest 
gations  independently  or  in  cooperation  with  other  branches  of  th 
Federal  Government,  with  States  and  with  individuals,  to  deteruiir 
the  best  methods  for  the  conservative  management  of  forests  an 
forest  lands,  $88,728: 

For  market  and  other  miscellaneous  forest  investigations,  and  f( 
collating,  digesting,  recording,  illustrating,  and  distributing  th 
results  of  the  experiments  and  investigations  herein  provided  fo 
$40,100; 

For  the  construction  and  maintenance  of  roads,  trails,  bridge 
fire  lanes,  teleiihone  lines,  cabins,  fences,  and  other  improveuien 
necessary  for  the  projier  and  econouiical  administration.  ]irotcctio 
and  development  of  the  national  forests,  $400,000:     *     *     *. 

A  proviso,  here  omitted,  authorizing  the  use  of  timber  for  telephoi 

lines,   for  protection  of  n.-itional   forests  from   tire,  is  set   forth  on  p.  1 

OUti'. 

Provided  further^  That  no  part  of  the  money  herein  appropriate 
shall  be  used  to  pay  the  transportation  or  travelinjr  expenses  of  ai' 
forest  officer  or  agent  except  he  be  traveling  on  business  directly  co- 
nected  with  tlie  Forest  Service  and  in  furtherance  of  the  works,  ain. 
and  objects  specified  and  authorized  in  and  by  this  appropriatio: 
And  ])r()i'id(uJ  also.  That  no  part  of  this  appropriation  shall  be  pal 
or  used  for  the  purpose  of  paying  for.  in  whole  or  in  part,  the  prep- 


LAWS    APPLICABLE    TO    DKPARTMENT    OK    AORRTLTURE.  35 

ration  or  publication  of  any  newspapor,  or  mafjazine  article,  but  this 
I  shall  not  prevent  the  "jiving  out  to  all  persons  without  discrimination, 
incluiline:  newspaper  and  mairazine  writers  and  publishers,  of  any 
:      facts  or  ollicial  information  of  value  to  the  public; 

I'rnvlslons.  here  oniittetl.  that  a  p:irt  of  the  moneys  received  Irtnu 
nn'iouMl  forests  sh.-ill  be  avuilnhlo  for  liu'  coustnictioii  jmd  inaintfiunice 
of  roads  and  irails  witliiii  national  fon>sis.  and  anlhoriziii);  coojioration 
witli  State  or  Territorial  antlioriiies  in  the  furth«?rance  of  systems  of 
hifiliways  of  whicli  snoh  roads  may  be  made  a  i)art,  are  set  forth  on 
]».  '24.  anil'. 

In  all,  for  oreneral  exj)enses,  $3,160,110. 

Not  to  exceed  fifteen  ])er  centinn  of  the  total  of  all  sums  appropri- 
ated under  "  General  expenses.  Forest  Service."  may  be  used  in  the 
'  discretion  of  the  Secretary  of  Ajrriculture  as  provided  above  under 
general  expenses  for  Forest  Service  for  all  expenses  necessary  for 
the  ireneral  administration  of  the  Forest  Service. 

•p  •n  •I*  1*  I"  I"  " 

A  iiaragrapli.  here  onntted.  authorizins;  the  reiml)nrsement,  from  the 
l)roiier  api»roi)riation.  of  owners  of  horses,  vehicles,  etc.,  lost,  damaged, 
or  destroyed  in  tire  fighting,  etc..  is  set  fortli  on  ji.  2S.  nntr. 

A  paragraph,  also  here  omitted,  authorizing  the  granting  of  leave  of 
I  absence  to  employees  of  the  Forest  Service  assigned  to  permanent  duty 

in  Alaska,  is  set  forth  on  j).  2s.  (nit<\ 

Total  for  Forest  Service,  $5,399,G79. 

Act  March  4,  1913.  c.  145.  37  Stat.  S37. 
I  These  are  provisions  of  the  agricnltural  appropriation  act  for  the  fiscal 

year  1914,  cited  above. 

,  .        Fighting  and  preventing  forest  fires  in  emkr«;en(  v:  For  fijrht- 
I  •    ing  and  preventing;  forest  fires  in  cases  of  extraordinary  emer*;ency, 
$•200,000,  or  so  much  thereof  as  may  be  necessary. 

Act  March  4.  191.'^..  c.  145.  .37  Stat.  853. 
:  ,  This  is  an  apjn-opriation.  under  the  hea<ling  "  Misc-ellaneous."   in   the 

agricultural  ai>pr()priation  act  for  the  fiscal  year  1914.  cited  above. 

To  enable  the  Secretary  of  Afrrif'iilture  to  effect  an  exchancre  of 
f  I    lands  and  indemnity  rip:hts  with  the  State  of  Montana,  $2.5.000,  to 
'     be  available  tintil  expended  when  the  said  State  shall  have  appro- 
priated a  like  amount  to  be  used  in  cooperaticm  with  the  Forest  Serv- 
•  I    ice  for  the  aforesaid  purpose:  Provided,  That  such  exchaiifres  shall 
be  made  on  the  basis  of  approximately  equal  area  and  value. 

Act  March  4.  191.1.  c.  14.5.  .37  Stat.  S.54 

These  are  provisions,  also  under  the  heading  •'  Miscellaneous,"  In  the 
agricnltural  a[)propriati(m  act  for  the  fiscal  year  1914.  cited  above. 


,  For  cooperation  with  any  State  or  jrroup  of  States  in  the  protection 
j  f  from  fire  of  the  forested  watersheds  of  navipfable  streams,  tinder  the 
»  »  provisions  of  section  two  of  the  Act  of  March  first,  nineteen  hundred 
and  eleven,  entitled  "An  Act  to  enable  any  State  to  cooperate  with 
any  other  State  or  States,  or  with  the  Ignited  States,  for  the  protec- 
i«  :  tion  of  the  watersheds  of  navifrable  streams,  and  to  appoint  a  com- 
■ji  mission  for  the  acqtiisition  of  lands  for  the  jiurpose  of  conserving 
^1  the  navigabilitv  of  naviirable  rivers."  $75,000:  Provided.  That  any 
31 !  and  all  unused  balance  of  the  simi  of  $200,000  heretofore  appropriated 
A'  bv  the  Act  of  March  first,  nineteen  hundred  and  eleven,  to  enable 
^"  the  Secretarv  of  Afrriciiltiire  to  carrv  out  the  purposes  mentioned  in 
If! 


36  LAWS    APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

said  section  two,  remainin"^  unexpended  July  first,  nineteen  hundred 
and  thirteen,  shall  continue  available  until  the  end  of  the  fiscal  year 
nineteen  hundred  and  fifteen  for  the  purpose  for  which  it  was  appro- 
priated. 

Act  March  4,  1913,  c.  14;-.,  37  Stat.  855. 

These  ;ire  further  provisions,  under  the  heading  "  Miscellaneous."  in 
the  ajnicultural  appropriation  act  for  the  fiscal  year  1914,  cited  above. 

BUREAU  OF  CHEMISTRY. 

(See  "Laws  Applicable  to  the  United  States  Department  of  Agriculture,"  1912, 

pp.  184-196.) 

ACT  MARCH  3,  1913,  c.  117.  An  act  to  amend  section  eight  of  an  act  entitled 
"An  act  for  j.reventing  the  manufacture,  sale,  or  transportation  of  adulter- 
ated or  misbrandod  or  poisonous  or  deleterious  foods,  drugs,  nie<licines,  and 
liquors,  and  for  regulating  traffic  therein,  and  for  other  purposes,"  approved 
.Tune  thirtieth,  nineteen  huii<lr(Hl  and  six.     (37  Stat.  732.) 

Amendment  of  act  June  30,  1906,  c.  3915;  inconspicuous  marking  of  contents  of 
package:  regulations  permitting  reasonable  variations,  etc. 

That  section  ei^ht  of  an  Act  entitled  ''An  Act  for  preventino:  the 
manufacture,  sale,  or  transportation  of  adulterated  or  misbranded  or 
poisonous  or  deleterious  foods,  druo:s,  medicines,  and  liquors,  and  for 
remilatiiiij:  traffic  therein,  and  for  other  purposes,"  approved  June 
thirtieth,  uineteen  hundred  and  six.  be,  and  the  same  is  hereby, 
amended  by  .strikinc;  out  the  words  "  Third.  If  in  package  form,  and 
the  contents  are  stated  in  terms  of  weight  or  measure,  they  are  not 
plaiuly  and  correctly  stated  on  the  outside  of  the  package."  and  in- 
sertinc:  in  lien  thereof  the  following: 

"Third.  If  in  j^ackage  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package 
m  terms  of  weight,  measure,  or  numerical  count:  Pi^ovided^  however. 
That  reasonable  variations  shall  be  ]:>ermitted.  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established  by  rules  and 
regulations  made  in  accordance  with  the  provisions  of  Section  three 
of  this  Act. 

Act  March  3,  1913,  c.  117,  s.  1,  37  Stat.  732. 

Time  of  taking  effect  of  act;  enforcement  of  penalty,  etc..  or  confiscation,  de- 
ferred. 

Si:f.  2.  That  this  Act  shall  take  etfect  and  be  in  force  from  and 
after  its  jiassage :  /*rotuded,  lioiccrer.  That  no  penalty  of  fine,  imjiris- 
ment,  or  confiscation  shall  be  enforced  for  any  violation  of  its  pro- 
visions as  to  domestic  ju-oducts  jiropared  or  foreign  products  imported 
prioi-  to  eighteen  months  after  its  passage. 

A.  I  .March  3,  191.3,  c.  117.  s.  2.  37  Stat.  732. 

Section  S,  act  .Tune  30.  19()(»,  c.  3915,  ns  amended  by  act  of  August  23. 
1912.  c.  :i.'>2,  27  Stat.  \M\  is  .«jet  forth  in  "  Ijiws  ApplicaMe  to  the  United 
Slates  T>ei)art incut  of  .Vgriculture."  1912.  p.  IW. 

ACT  MARCH  4,  1913.  c.  145.      (37  Stat.  828.) 

BUREAU  OF  CHEMISTRY. 

Sai.aimk.s,  Rure.mi  or  Chemistry:  One  chemist,  who  .shall  be 
chief  of  bureau,  $r>,000:   one  chief  clerk.  $2,000;   one   supervising 


LAWS    APPLICABLE    TO    DEPARTMENT    OI'    AUUICLLTL'HE.  37 

clerk,  $'J.500;  one  executive  clerk,  $2,000;  seven  clerks,  class  four; 
nine  rlerks.  class  three:  one  clerk.  $1,440;  twelve  clerks,  class  two; 
one  clerk.  $1,;)()0:  ei<iliteen  clerks,  class  one:  thirteen  clerks,  at  $1,020 
each:  eleven  clerks,  at  $1,000  each:  twenty-two  clerks,  at  $000  each; 
one  clerk,  $840:  one  chief  food  and  druir  inspector,  $:^,000;  one  food 
and  dniir  inspector,  $2.2.')0:  thirteen  food  and.dnif;  insiM'etors.  at 
$2,000  each;  thirteen  food  and  dru<;  inspectors,  at  $1,800  each:  one 
food  and  drus:  inspector,  $1,020:  eleven  food  and  drug  inspectors,  at 
$1.<)00  each:  four  food  and  druir  inspectors,  at  $1,400  each:  four 
lahoratorv  helpers,  at  $1,200  each:  one  laboratory  helper.  $1,020; 
four  laboratory  helpers,  at  $1,000  each;  four  laboratory  hel])ers.  at 
$960  each;  two  laboratory  helpers,  at  $900  each;  six  laboratory 
helpers,  at  $840  each;  two  laboratory  helpers,  at  $780  each:  twenty 
'  laboratory  helpers,  messengers,  or  laborers,  at  $720  each;  two  labo- 
ratory helpers,  messengers,  or  laborers,  at  $()()0  each;  twenty-six 
I  laboratory  helpers,  messenger  boys,  or  laborers,  at  $G00  each ;  one 
laboratory  assistant,  i^l.200;  one  tool  maker,  $1,200;  one  sampler, 
$1,200;  one  janitor,  $1,020;  one  student  assistant,  $300;  two  messen- 
gers, at  $840  each;  one  skilled  laborer,  $1,050;  one  skilled  laborer, 
$840:  two  messenger  boys  or  laborers,  at  $540  each;  eight  messenger 
boys  or  laborers,  at  $480  each:  three  messenger  boys  or  laborers,  at 
$420  each;  one  messenger  bov  or  laborer,  $3G0;  six  charwomen,  at 
$240  each;  in  all,  $273,800. 

General  expenses.  Bureau  of  Chemistry:  For  all  necessary 
expenses,  for  chemical  api)aratus.  chemicals  and  su]ij)lies.  repairs  to 
apparatus,  gas,  electric  current,  official  traveling  exj)enses,  telegi-aph 
and  telephone  service.  ex[)ress  and  freight  charges,  for  the  employ- 
ment of  such  assistants,  clerks,  and  other  persons  as  the  Secretary  of 
Agriculture  may  consider  necessary  for  the  purposes  named,  in  the 
city  of  Washington  and  elsewhere,  in  conducting  investigations,  col- 
lating and  rej)orting  the  results  of  s\u'h  inve-stigations.  and  for  rent 
outside  of  the  District  of  Columbia,  for  carrying  out  the  investiga- 
tions and  work  herein  authorized,  as  follows: 

For  conducting  the  investigations  contemplated  by  the  Act  of  May 
fifteenth,  eighteen  hundred  and  sixty-two.  relating  to  the  application 
of  chemistry  to  agriculture.  $05,000; 

For  collaboration  with  other  depai-tments  of  the  Government 
desiring  chemical  investigations  and  whose  heads  re(|uest  the  Sc<'ie- 
tarv  of  Agriculture  for  such  assistance,  and  for  other  miscellanefuis 
I    woi-k,  $40,000; 

For  investigating  the  character  of  the  chemical  and  physical  tests 
which  are  api)lied  to  American  food  products  in  foreign  countries, 
and  for  inspecting  the  same  before  shipment  when  desired  by  the 
shippers  or  owners  of  these  products  intended  for  coimtries  where 
chemical  and  phvsical  tests  are  required  before  the  said  prcnlucts  are 
allowed  to  be  sold  therein,  and  for  all  necessary  expenses  in  coiniec- 
I  tion  with  such  inspection  and  studies  of  methods  of  analysis  in  for- 
eigii  countries,  $4,280; 

In  all.  for  general  expenses.  $109,280. 

Enforcement  of  the  food  and  drtt.s  Act:  For  enabling  the 
Secretarv  of  Agriculture  to  carry  into  effwt  the  provisions  of  the  Act 
of  June  thirtieth,  nineteen  hundred  and  six.  entitled  "An  Act  for 
preventing  the  manufacture,  sale,  or  transportation  of  adulterated, 
or  misbranded,  or  poisonous,  or  deleterious  foods,  drugs,  medicines, 


38  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 


f 


and  liquors,  and  for  regulating  traffic  therein,  and  for  other  purposes," 
in  the  city  of  AVasliington  and  elsewhere,  including  chemical  appa- 
ratus, cheniical.s  and  supplies,  repairs  to  apparatus,  gas,  electric  cur- 
rent, official  traveling  expenses,  telegraph  and  telejihone  service,, 
express  and  freight  charges,  and  all  other  expenses,  employing  such 
assistants,  clerks,  and  othei-  persons  as  may  be  considered  necessary 
for  the  purposes  named,  and  rent  outside  of  the  District  of  Columbia, 
$675,000. 

Total  for  Bureau  of  Chemistry.  $1,058,140. 

Act  March  4.  1913.  c.  145,  37  Stat.  844. 

These  are  provisions  of  the  Mgricultnrnl  appropriation  act  for  the  fisal 
year  1914.  fited  above. 


BUREAU  OF  SOILS.  1 

(See    "  I>aws   Applicable    lo    the    I'nite«l    States   Departuient    of    Af^riculture," 

1912.  pp.  196-198.) 


ACT  MARCH  4.  1913.  c.  145.      (37  Stat.  828.) 

BUREAU  OF  SOILS. 


I 


Sal.\ries,  Bureau  of  Soils:  One  soil  physicist,  who  shall  be  chief 
of  bureau,  $4,000:  one  chief  clerk.  $2,000;  one  executive  assistant, 
$2,000:  three  clerks,  class  four:  two  clerks,  class  three;  four  clerks, 
class  two;  one  clerk.  $1,260:  eight  clerks,  class  one:  four  clerks,  at 
$1,000  each;  three  clerks,  at  $000  each:  one  soil  cartographer, 
$1,800;  one  soil  bibliographer.  $1,400:  one  ])hotographer,*  $1,200; 
four  draftsmen,  at  $1,200  each  :  one  draftsman.  $1,000:  one  messenger, 
$840;  three  mes.sengers.  messenger  boys,  or  laborers,  at  $480  each  :  one 
laborer,  $600:  one  laborer,  $800:  one  eharwoman  or  laborer,  $480i 
in  all,  $53,620. 

(teneral  expenses.  Bureau  of  Soils:  For  all  necessary  exi)ens 
connected   with  the  investigations  and   ex])eriments  hereinafter  au 
thorized,  including  the  employment  of  investigators,  local  and  speci 
agents,  assistants,  experts,  clerks.  draft.smen.  and  labor  in  the  city  o: 
Washingtxm   and    elsewhere;   official    traveling   expenses,   materials, 
tools,  instruments,  apparatus,  repairs  to  apparatus,  chemicals,  furni- 
ture, office  fixtures,  stationery,  gas.  electric  current,  telegraph  and  tele- vi 
phone  service,  express  and  freight  charges,  rent  outside  of  the  Dis"f 
trict  of  Columbia,  and  for  all  other  necessary  supplies  and  expenses, 
as  follows: 

l''or  chemical  investigations  of  soil  types,  soil  composition  and  soil 
minerals,  the  soil  solution,  solubility  of  soil  and  all  chemical  proj^er- 
ties  of  soils  in  their  relation  to  soil  formation,  soil  texture,  and  soil 
prodnctivity,  including  all  routine  chemical  work  in  connection  with 
the  soil  survey,  $18,135; 

For  ])hysical  investigations  of  the  important  ]iroperties  of  soil 
which  determine  productivity,  such  as  moisture  relations,  aeration, 
heat  con<lnctivity,  texture,  and  other  physical  investigations  of  the 
various  .soil  classes  and  soil  types,  $11,265; 

For  soil-fertilitv  investigations  into  organic  cau.ses  of  infertility 
and  remedial  measures,  maintenance  of  productivity,  properties  and 
composition  of  soil  humus,  and  the  transformation  and  formation 
of  >~oil  luunus  by  soil  organisms,  $27,200; 


LAWS  APPLICABLE    TO    DEPAKTAIEXT   OF   AGRICULTURE.  39 

For  exploration  and  investigation  within  the  United  States  to 
'tenuine  possible  sources  of  supply  of  potash,  nitrates,  and  other 
itural  fertilizers,  $25,000; 

For  the  investigation  of  soils  and  for  indicating  upon  maps  and 

ats,  by  coloring  or  otherwise,  the  results  of  such  investigations, 

75,000; 

I  For  the  examination   and  classification  of  agricultural   lands  in 
•rest  reserves  in  cooperation  with  the  Forest  Service,  $20,000; 

For  general  administrative  expenses  connected  with  the  above- 
entioned  lines  of  investigation,  ii^3,800; 

In  all.  for  general  expenses,  $280,400. 

Total  for  Bureau  of  Soils,  $334,020. 

Act  March  4,  1913,  c.  145,  37  Stat.  845. 

These   are    provisions   of   the   agricultural    appropriation    act    for    the 
tiscal  year  1914,  cited  above. 


BUREAU  OF  ENTOMOLOGY. 

iee   "  Laws   Applicable   to    the   United    States   Department    of   Agriculture." 

1912,  pp.  19S-201.) 

CT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

lU  REAU  or  ENTOMOLOGY. 

Salaries.  Bi  reau  of  Entomology:  One  entomologist,  who  shall 
J  chief  of  bureau.  $4,500;  one  executive  assistant,  $2,250;  one  chief 
erk.  $1,800;  two  clerks,  class  four;  three  clerks,  class  three;  six 
erks.  class  two;  five  clerks,  class  one;  six  clerks,  at  $1,000  each;  one 
iperintendent  of  moth  work,  $2,750;  one  entomological  assistant, 
1,800;  two  entomological  draftsmen,  at  $1,400  each;  one  ento- 
lological  draftsman,  $1,080;  four  foremen,  at  $1,080  each;  two  ento- 
lological  preparators,  at  $840  each;  one  entomological  preparator, 
720;  six  entomological  preparators,  at  $600  each;  one  messenger, 
S40:  two  messengers  or  laborers,  at  $720  each;  one  mechanic.  $840; 
ne  laborer.  $.")40;  two  charwomen,  at  $480  each;  one  charwoman, 
240;  in  all.  $00,960. 

General  expenses.  Bureau  of  Entomology:  For  the  promotion 
f  economic  entomolog}';  for  investigating  the  history  and  the  habits 
f  insects  injurious  and  beneficial  to  agriculture,  horticulture,  arbori- 
ulture.  and  the  study  of  insects  afiecting  the  healfu  of  man  and 
omestic  animals,  and  ascertaining  the  best  means  of  destroying 
lose  found  to  be  injurious;  for  collating,  digesting,  reporting,  and 
lustratim;  the  resuUs  of  such  investigations;  for  salaries  and  the 
mplovment  of  labor  in  the  citv  of  AVashingt<m  and  elsewhere,  rent 
utsid'e  of  the  District  of  Columbia,  freight,  express  charges,  official 
raveliuL'-  expen.ses.  office  fixtures,  supplies,  apparatus,  telegraph  and" 
Mephone  service,  gas.  and  electric  current,  in  connection  with  the 
ollowing  investigations: 

i  For  investigations  of  insects  affecting  deciduous  fruits,  orchards, 
Jneyards.  and   nuts.  $45,000; 

i  For  inve.stigations  of  insects  affecting  cereal   and  forage  plants, 
pcluding  insects   affecting  wheat,   corn,  oats,  rye,   barley,   alfalfa. 
|lover.  and  so  forth.  $00,000.  of  which  amount  not  to  exceed  $10,000 
hall  be  expended  for  the  investigation  of  the  range  caterpillar; 


40  LAWS   APPLICABLE   TO   DEPARTMENT    OF   AGRICULTURE. 

For  investigations  of  insects  affecting  southern  field  crops,  includ- 
ing insects  affecting  cotton,  tobacco,  rice,  sugar  cane,  and  so  forth, 
and  the  Argentine  ant.  $50,000: 

For  investigations  of  insects  affecting  forests,  $44,750; 

For  investigations  of  insects  affecting  truck  crops,  including  insects 
affecting  the  potato,  sugar  beet,  cabbage,  onion,  tomato,  beans,  peas, 
and  so  forth,  and  insects  affecting  stored  products,  $35,000; 

For  investigations  in  bee  culture,  $15,000; 

For  investigations  of  insects  affecting  tropical  and  subtropical 
fruits,  including  insects  affecting  the  orange,  lemon,  grapefruit, 
mango,  and  so  forth,  $21,500; 

For  investigations  of  the  Mediterranean  fl}-  in  the  United  States, 
its  Territories  and  possessions,  $35,000 ; 

For  investigations  of  miscellaneous  insects,  including  the  study  of 
insects  affecting  the  health  of  man  and  domestic  animals,  household 
insects,  the  importation  and  exchange  of  useful  insects,  and  experi- 
ments with  insecticides  and  insecticide  machinery,  $45,000; 

In  all,  for  general  expenses,  $381,250, 

Preventing  spread  of  moths:  To  enable  the  Secretary  of  xVgri- 
culture  to  meet  the  emergency  caused  by  the  continued  spread  of 
the  irvpsv  and  brown-tail  moths  bv  establishini?  and  maintaining:  a 
quarantine  against  further  spread  in  such  manner  as  he  shall  deem 
best,  in  cooperation  with  the  authorities  of  the  different  States  con- 
cerned and  with  the  several  State  experiment  stations,  including  rent 
outside  of  the  District  of  Columbia,  the  omjiloyment  of  labor  in  the 
city  of  AVashington  and  elsewhere,  and  all  other  necessary  expenses, 
$300,000. 

Total  for  Bureau  of  Entomology,  $742,210. 

Act  March  4.  101.''..  c.  H.j.  .37  St;it.  84'*. 

These  are  provisions  of  the  agricultiirnl  appropriiition  act  for  the  fiscal 
year  1914,  cited  above. 

BUREAU  OF  BIOLOGICAL  SURVEY. 

(See  "Laws  Applicable  to  the  United  States  Department  of  Ajincultnre."  1012. 

pp.  201-227.) 

ACT  MARCH  4,  1913.  c.   145.     (37  Stat.  828.)  | 

Migratory  game  and  insectivorous  birds  deemed  under  protection  of  the  United 
States;   destruction,  etc.,  prohibited. 

All  wild  geese,  wild  swans,  brant,  wild  ducks,  snipe,  plover,  wood- 
cock, rail,  wild  pigeons,  and  all  other  migratory  game  and  insectiv- 
orous birds  which  in  their  northern  and  southern  migrations  pass 
through  or  do  not  remain  permnnontly  the  entire  year  within  the 
holders  of  any  State  or  Territory,  shall  hereafter  be  deemed  to  be 
within  the  custody  and  protection  of  the  Government  of  the  United 
Stati's,  and  shall  not  be  destroyed  or  taken  contrary  to  regulations 
hereinafter  provided  tiierefor. 

Kegulations  prescribing  closed  seasons;  killing,  capturing,  etc.,  migratory  birds 
during  closed  seasons  unlawful;  punishment  for  violations  of  act  or  regula- 
tions. 

The  Department  of  .Vgriculture  is  hereby  authorized  and  directed 
(o  ndojtt  snital)k'  regulations  to  give  effect  to  the  previous  paragraph 


« 


LAWS   APPLICABLE    TO    DEPARTMENT   OF   AGRICULTURE.  41 

by  prescribing  and  fixing  closed  seasons,  having  due  regard  to  the 
zones  of  temperature,  breeding  habits,  and  times  and  line  of  migratory 
flight,  thereby  enabling  the  department  to  select  and  designate  suit- 
lable  districts  for  dillerent  portions  of  the  country,  and  it  shall  be 
unlawful  to  shoot  or  by  any  device  kill  or  seize  and  capture  migratory 
birds  within  the  prote<^'tion  of  this  law  during  said  closed  seasons,  and 
any  person  who  shall  violate  any  of  the  provisions  or  regulations  of 
this  law  for  the  protection  of  luigratoiy  birds  shall  be  guilty  of  a 
jnisdemeanor  and  shall  be  fined  not  more  than  $100  or  imprisoned 
not  more  than  ninety  days,  or  both,  in  the  discretion  of  the  court. 

Publication  of  regulations;  time  for  examination  and  consideration  before  adop- 
tion; approval  by  the  President;  act  not  to  affect  local  laws. 

The  Department  of  Agriculture,  after  the  preparation  of  said 
regulations,  shall  cause  the  same  to  be  made  public,  and  shall  allow 
a  period  of  three  months  in  which  said  regulations  may  be  examined 
and  considered  before  final  adoption,  permitting,  when  deemed 
proper,  public  hearings  thereon,  and  after  final  adoption  shall  cause 
the  same  to  be  engrossed  and  submitted  to  the  President  of  the  United 
States  for  approval:  Provided,  /iowever,  That  nothing  herein  con- 
tained shall  be  deemed  to  aifect  or  interfere  with  the  local  laws  of 
the  States  anil  Territories  for  the  protection  of  nonmigratory  game 
or  other  birds  resident  and  breeding  within  their  borders,  nor  to  pre- 
vent the  States  and  Territories  from  enacting  laws  and  regulations  to 
promote  and  render  efficient  the  regulations  of  the  Department  of 
Agriculture  provided  under  this  statute. 

Appropriation  for  carrying  out  act. 

There  is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury 
aot  otherwise  appropriated,  for  the  purpose  of  carrying  out  these 
provisions,  the  sum  of  $10,000. 

Act  March  4.  Wl^.  c.  145.  37  Stat.  S47. 

Thes^e  are  provisions  accompanying  appropriations  for  "General  Ex- 
penses, Burean  of  Biolnsncal  Survey."  in  the  agricultural  appropriation 
act  for  the  fiscal  year  1914.  cited  above. 

\CT  MARCH  4.  1913,  c.   145.      (37  Stat.  828.) 

97inter  elk  refuge  in  Wyoming;  selection  and  enclosure  of  lands. 

For  the  establishment  and  maintenance  of  a  winter  elk  refuge  in 
he  State  of  Wyoming,  *  *  *  and  the  Secretary  of  Agriculture 
s  hereb}^  authorized  to  include  in  said  refuge  and  to  inclose  not  more 
han  one  thousand  acres  of  unoccupied  public  lands,  which  when 
jelected  shall  l)e  made  to  conform  to  the  lines  of  the  public  surveys, 
ind  shall  be  adjacent  to  or  partly  inclosed  by  said  refuge. 

Act  of  March  4.  lOlM,  c.  145,  37  Stat.  S47. 

This  is  a  provision  of  the  agricultural  appropriation  act  for  Ihe  fiscal 
year  1914,  cited  above. 

A  provision  for  the  estalilishnient  of  a  winter  elk  reserve  in  Wyoming, 
and  dei^crihing  lands  to  be  included  therein,  and  authorizing  and  making 
an  appropriation  for  the  purchase  i»f  the  same,  the  erection  of  buildings 
and  enclosures  thereon,  etc.,  contained  in  the  agricultural  ai)propria(ion 
act  for  the  hscal  year  1913,  act  August  10,  1912,  set  forth  in  "Laws 
Apjilicable  to  the  United  States  Department  of  Agriculture,"  1912,  p.  226. 


42  LAWS   APPLICABLE   TO   DEPARTMENT   OF    AGRICULTURE. 

ACT  MARCH  4,  1913,  c.  145.      (37  Stat.  828.) 

BUREAU   OF  BIOLOGICAL  SURVEY. 

Salaries,  Bureau  of  Biological  Survey:  One  biologist,  wlio  shall 
be  chief  of  bureau,  $3,500:  one  chief  clerk,  $1,800;  one  assistant  in 
game  preservation,  $2,250:  two  clerks,  class  three;  three  clerks,  class 
two;  tour  clerks,  class  one;  three  clerks,  at  $1,000  each;  two  clerks, 
at  $900  each;  one  messenger,  $720;  one  photographer,  $1,300;  one 
game  warden,  $1,200:  one  draftsman,  $900:  one  messenger,  messenger 
boy,  or  laborer,  $480:  one  laborer,  $600;  one  charwoman,  $240;  in 
all,  $29,990. 

General  expenses  Bureau  of  Biological  Survey:  For  salaries 
and  employment  of  labor  in  the  city  of  Washington  and  elsewhere, 
furniture,  supjilies.  traveling  and  all  other  expenses  necessary  in 
conducting  investigations  and  carrying  out  the  work  of  the  bureau, 
as  follow.s: 

For  the  enforcement  of  sections  two  hundred  and  forty-one.  two 
hundred  and  forty-two.  two  hundred  and  forty-three,  and  two  hun- 
dred and  forty-four  of  the  Act  approved  iSIarch  fourth,  nineteen 
hundred  and  nine,  entitled  ''An  Act  to  codify,  revise,  and  amend 
the  penal  laws  of  the  United  States.''  and  for  the  enforcement  of 
section  one  of  the  Act  ajiproved  May  twenty-fifth,  nineteen  hundred, 
entitled  "An  Act  to  enlarge  the  powers  of  the  Department  of  Agri- 
culture, prohibit  the  transportation  by  interstate  commerce  of  game 
kilh'd  in  violation  of  local  laws,  and  for  other  purposes,"  $10,000: 

For  the  maintenance  of  the  Montana  National  Bison  Range  and 
other  reservations  under  supervision  of  the  Biological  Survey,  includ- 
ing construction  of  fencing.  Avardens'  quarters,  shelters  for  animals, 
landings,  roads,  trails,  bridges,  ditches,  telephone  lines,  rockwork. 
bulkheads,  and  other  improvements  necessary  for  the  econi)mical 
administration  and  protection  of  the  reservations,  and  for  the  en- 
forcement of  section  eighty-four  of  the  Act  apj^roved  March  fourth, 
nineteen  hundred  and  nine,  entitled  "An  Act  to  codify,  revi.se.  and 
amend  the  penal  laws  of  the  United  States,"  $21,000,  of  which  sum 
$2,500  may  be  used  for  the  purchase,  capture,  and  transportation  of 
game   for   national    reservations: 

For  the  establishment  and  maintenance  of  a  winter  elk  refuge  in 
the  Stale  of  Wyoming.  $5,000.  to  be  available  until  exi)ended.     *     *     *. 

.\    in-Dvisioii.  liei'p  Dinitted.  auth<irizin{i  the  selection  ami  enolosiuv  of 
laiiils   ill   said    rcCiiirt'.   is  sel    forth   above. 

For  investigating  the  food  habits  of  North  American  birds  and 
mammals  in  rcdation  to  agriculture,  horticulture,  and  forestry,  in- 
rluding  experiments  and  demonstrations  in  destroying  noxious  ani- 
mals, and  for  investigations  and  experiments  in  connection  with 
rearing  of  fur-b(Mring  animals,  including  mink  and  marten,  $()0.()00. 
of  which  sum  $15.()()0  shall  be  used  fen-  the  destruction  of  ground 
s(]uirrels  on   the   national    forests; 

For  biological  investigations,  including  the  relations,  habits,  geo- 
graphic distribution,  and  migrations  of  animals  and  |)lants,  and  tht 
pre|)aration  of  maps  of  the  life  and  crop  zones,  $15,000; 

I''or  general  administrative  expenses  connected  with  the  above- 
mentioned  lines  of  work,  including  cooperation  with  other  Federa' 


II 


LAWS    AIM'LKABI.E    TO    DEPARTMENT    OF    ACIUCULTURE.  43 

ibureaus,   departments,   boanJ.s,   and    coiumissions,   on    request    from 
them,  $14,000. 

****♦*♦ 

rrovisions.  Ihto  omitted,  that  luifiiiUtny  yanif  ami  in.seclivorDiis  Itinls 
.shall  ho  (l(H>iiu»(l  to  !)0  nndi'r  the  protection  of  the  Tnited  Slates;  nuthor- 
iziiip  iVfTulatioiis  )tros(  riltiiii;  closod  seasons;  proliihitinj;  killing.  oa])tnr- 
ins.  etc..  of  nii.uratory  birds;  prescrihing  pnnishnient  for  violations  of 
.said  provisions;  and  niaUini:  an  aitpropi^'^dion  for  (."arryinfr  onl  the 
s;nne;    are    .sot    forth    al>o\e. 

In  all,  for  jreneral  expenses,  $141,000. 

Total  for  Bureau  of  Biological  Survey.  $170,000. 

Act  March  4.  1913.  c.  145,  37  Stat.  S46. 

These  are  provisions  of  the  agricultural  appropriation  act  for  the  fiscal 
year  1914,  cited  above. 


DIVISION  OF  ACCOUNTS  AND  DISBURSEMENTS. 

I  See  ••  T-aws  Applicai>]e  to  tlie  I'nitoil  States  Deiiartniont  of  Asricultnre."  1912, 

pp.  227-229.^ 

ACT  MARCH  4,  1913.  c.   145.     (37  Stat.  828.) 

DIVISION    OF    ACCOUNTS    AND    DISBURSEMENTS. 

Salaries.  Division  of  Accounts  and  Disbursements:  One  chief 

i>f  division  and  disbursino^  clerk,  who  shall  be  administrative  officer  of 

j.    the  fiscal  affairs  of  the  department,  $4,000;  one  assistant   chief  of 

j  idivision.  $2,7.")0;   one  chief  of  office  of  accounts  and   fiscal   a<ient, 

t   82,500:  seven  district  fi.scal  agents,  at  $2,000  each:  one  supervising 

■nditor.  $2.2r)0:   one  auditor.  $2,000:   one  cashier  and   chief  clerk, 

.^2,2.")0;   one   deputy   disbursing  clerk.  $2,000;   two  accountants  and 

I  i bookkeepers,  at  $2,000  each:  two  clerks,  class  four:  twelve  clerks, 

\   class  three:  seventeen  clerks,  class  two:  nine  clerks,  class  one;  fotir 

lerks.  at  $1,000  each:   five  clerks,  at  $000  each;  one  custodian  of 


I 


(■ 


J  , records  and   files.  $1,400:   one   mes.senger.  $720;   one   messtMiger   or 
,  (messenger  boy,  $G00. 

Total  for  Division  of  Accounts  and  Disbursements.  $104.^.70. 

i  !  Act  March  4,  1913.  c.  14."..  I'.l  Stat.  S4S. 

'  ■  These  are  j.rovisions  of  the  ai^ricnltural  apiiroprialion  act  for  the  li.s<al 

year  1914,  cited  above. 


jl 


DIVISION   OF   PUBLICATIONS. 

See  '•  I.aws  Applicable  to  the  United  States  Department  of  Agriculture,"  1912. 

lip.  229-2:^1,'.  t 

ACT  MARCH  4.  1913.  c.   145.     (37  Stat.  828.) 

DIVISION    OF    Pt  BLIC.VTI0N.S. 


j»  Salaries.  Division  of  Pi  i-.lkatki.ns:  One  «'dilor.  who  shall  be 
i' chief  of  division.  $3,250;  one  editor,  who  shall  be  assistant  chief  of 

division,  $2,500;  one  chief  clerk,  $2,000;  two  a.ssistant  editors,  at 
(t  $2,000  each:  four  assi.stant  editors  at  $1,800  each:  one  a.ssistant 
r editor,  $1.(*.00:  (me  assistant  editor,  $1,400;  one  a.ssistant  editor  in 

charge  of  indexing,  $2,000;   one   indexer.  $1,400;   one   assistant    in 


44  LAWS   APPLICABLE    TO   DEPARTMENT    OP   AGRICULTUBE. 

charge  of  illustrations,  $2,100;  one  draftsman  or  photographer, 
$1,000:  one  draftsman  or  photographer.  $1,500:  oiw  draftsman  or 
photographer,  $1,400:  one  draftsman  or  photographer,  $1,300:  six 
draftsmen  or  photographers,  at  $1,200  each:  one  assistant  photog- 
i-apher.  $900;  one  assistant  in  charge  of  document  section.  $2,000; 
one  assistant  in  document  section.  $1.S00:  one  foreman,  miscellaneous 
distribution,  $l,r)00;  one  forewoman.  $1,400;  (me  clerk,  class  tliree; 
eight  clerks,  class  one;  fourteen  clerks,  at  $1,000  each;  forty  clerks, 
at  $900  each:  twentj'-one  clerks,  at  $840  each:  one  skilled  laborer. 
$900:  nine  skilled  laborers,  at  $840  each:  four  skilled  laborers,  at  $780 
each;  sixteen  skilled  laborers,  at  $720  each:  one  chief  folder,  $1,000: 
two  folders,  at  $900  each:  one  skilled  laborer,  $1,100:  <me  skilled 
laborer,  $1,000;  two  messengers,  at  $840  each;  two  messengers,  at 
$720  each :  three  messengers  or  messenger  boys,  at  $G00  each :  two 
messengers  or  messenger  boys,  at  $180  each :  two  messengers  or  mes- 
senger boys,  at  $420  each ;  two  messengers  or  messenger  boys,  at  $360 
each:  one  laborer,  $840;  one  laborer.  $600:  four  charwomen,  at  $480 
each:  three  charwomen,  at  $240  each:  in  all  $106,410. 

General  expenses.  Division  of  Pltblications  :  For  miscellaneous 
objects  of  expenditure  in  connection  with  the  publication,  indexing, 
illustration,  and  distribution  of  bulletins,  documents,  and  reports,  ae 
follows: 

Vov  labor-saving  machinery,  including  necessary  supplies,  $1,500: 

For  envelopes,  stationery,  and  materials,  $6,000; 

For  office  furniture  and  fixtures.  $1,000; 

For  photograjihic  equipment  and  for  photographic  materials  and 
artists'  tools  and  suj^plies.  $0,000: 

For  telephone  and  telegraph  service  and  freight  and  express 
charges,  $250; 

For  wagons,  bicvcles,  horses,  harness,  and  maintenance  of  the  same 
$500 ; 

For  purchase  of  manuscripts,  traveling  expenses,  electrotypes 
illustrations,  and  other  expenses  not  otherwise  provided  for.  $3,000: 

In  all,  for  iieneral  expenses.  $18,250. 

Total  for  Division  of  Publications,  $184,000. 

Act  March  4.  1913.  c.  14rj.  37  Stat.  848. 

Theso  are  provisions  of  tbe  ae;ricnltnral  appropriation  act  for  the  fiscfl 
year  11)14,  cited  j^bove. 


BUREAU  OF  STATISTICS. 

(See  ••  Laws  Applicable  to  the  United  States  Department  of  Agriculture."  1912 

pp.  232-236.) 

ACT  MARCH  4.  1913.  c.   145.      (37  Stat.  828.) 

ni'RK.MT    OF    ST.VTISTTCS. 

J*>Ai,.\Kii:s,  Bri{K\r  or  St.\tIvStics :  One  statistician,  who  shall  b" 
chi<'f  of  bureau.  $4,000:  one  assistant  statistician,  who  shall  be  assist 
ant  chief  of  bureau,  $2,500;  one  chief  clerk,  $1,800;  six  clerks,  clas 
four:  nine  clerks,  class  three:  twelve  clerks,  class  two;  two  clerks,  a 
$1,300  eadi ;  seventeen  clerks,  class  one:  seventeen  clerks,  at  $1.00* 


LAWS   APrLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  45 

leacli:  twenty-one  clerks,  at  $000  eacli ;  two  niessenjiers,  at  $840  eacli ; 
two  messengers  or  laborers,  at  $720  each;  two  messengers,  messen^'er 
Iboys,  or  laborers,  at  $600  each ;  one  messenger  or  messenger  boy, 
■  '$480;  one  charwoman,  $540;  two  charwomen,  at  $300  each;  in  all, 
$115,380. 

General  expensi':s,  Bureai  ue  Statistics:  For  all  necessary 
expenses  for  collecting  domestic  and  foreign  agricultural  statistics, 
compiling,  writing,  and  illustrating  statistical  matter  for  monthly, 
annual,  and  special  reports,  and  for  special  investigations  and  com- 
pilations, as  follows: 

Salaries  and  employment  of  labor  in  the  city  of  Washington  and 
elsewhere,  supplies,  telegraph  and  telephone  service,  freight  and 
express  charges,  and  all  other  necessary  miscellaneous  administrative 
expenses,  $24,700 ; 

Salaries  and  traveling  and  other  necessary  expenses  of  special  field 
I   agents,  $68,900; 

'  '     Salaries  and  traveling  and  other  necessarv  expenses  of  State  sta- 
''    mistical  agents,  $32,200; 

Traveling  and  other  necessary  expenses  of  official  and  special  in- 
vestigators, $2,500; 

In  all,  for  general  expenses,  $128,300. 
Total  for  Bureau  of  Statistics,  $243,080. 

Act  March  4,  1913.  c.  145,  37  Stat.  849. 

These  are  lu-ovisions  of  the  agricultural  ai)propriation  act  for  the  fiscal 
year  1914,  cited  above. 


LIBRARY. 

(See  '"Laws  Applicable  to  the  United  States  Departmeut  of  Agriculture."  1912, 

I)p.  230-237. ) 

ACT  MARCH  4,  1913.  c.   145.     (37  Stat.  828.) 

LmRARV,    DEPARTMENT    OF    AORICULTl'RE. 

Salaries,  TjTrrarv.  Department  of  Aoricttltire:  One  librarian, 
?=2,000;  one  clerk,  class  three:  one  clerk,  class  two;  two  clerks,  class 
one.  one  of  whom  shall  be  a  translator;  six  clerks,  at  $1,000  each;  five 
rlerks,  at  $900  each;  one  clerk,  $840;  two  cataloguers,  at  $1,200  each; 
three  cataloguers,  at  $1,000  each;  one  messenger,  $720;  two  mes- 
sengers or  messenger  lx»vs,  at  $000  each;  one  messenger,  messenger 
boy,  or  laborer,  $480;  one  charwoman,  $480;  in  all.  $27,020. 

General  Expenses,  Lirrary  :  For  books  of  reference,  technical 
and  scientific  books,  papers  and  j)eriodicals.  and  for  expenses  incurred 
in  completing  imperfect  series;  for  the  employment  of  additional 
assistants  in  the  city  of  Washington  and  elsewhere ;  for  official  travel- 
ing expenses,  and  for  library  fixtures,  library  cards,  supplies,  and 
other  material.  $10,500. 

Total  for  Library,  $43,520. 

Act  March  4.  1913.  c.  145.  37  S'at.  850. 
]  Tlicso  :irc  provisions  of  th»>  ngricnltunil  ai>proprlation  :i(l   for  tlic  tiscil 

ye.ir  1914,  cited  above. 


46  LAWS   APPLICABLE   TO    DEPARTMENT   OF   AGRICULTURE. 

OFFICE  OF  EXPERIMENT  STATIONS. 

(See  "  Liiws  Aiiiili<;il»h'  to  the  I'liittHl  States  Department  <'f  Agriculture,"  1U12. 

pp. 237-256.) 

ACT  MARCH  4,  1913,  c.   145.     (37  Stat.  828.) 

OFFICE   t)F    EXPERIMENT   STATIONS. 

Salaries,  Office  of  P^xperiment  Stations:  One  director.  $4,500: 
one  chief  clerk,  $2,000:  one  computer,  $2,000;  one  draftsman,  $1,920; 
one  clerk  and  proof  reader,  $1,800;  one  editorial  clerk,  $1,000;  one 
editorial  clerk,  $1,400;  one  editorial  clerk,  $1,200;  one  draftsman, 
$1,200;  one  clerk  or  draftsman.  $900;  one  clerk,  class  four;  two  clerks, 
class  three;  one  clerk,  $1,500;  four  clerks,  class  two;  seven  clerks, 
class  one;  ei^ht  clerks,  at  $1,000  each;  twelve  clerks,  at  $900  each; 
one  messenger,  $840;  three  messengers,  messenger  boys,  or  laborers, 
at  $(300  each ;  four  messengers,  messenger  boys,  or  laborers,  at  $480 
each;  one  skilled  laborer,  $900:  five  laborers  or  charwomen,  at  $480 
each;  two  laborers  or  charwomen,  at  $240  each:  in  all,  $00,100. 

General  expenses.  Office  of  Experiment  St.\tions:  To  carry 
into  ert'ect  the  provisions  of  an  Act  approved  March  second,  eighteen 
hundred  and  eighty-seven,  entitled  "An  Act  to  establish  agricultural 
experinu'iit  stations  in  connection  with  the  colleges  Chtablished  in  the 
several  States  under  the  provisions  of  an  Act  approved  July  second, 
eighteen  hundred  and  sixty-two,  and  of  the  Acts  supplementary 
thei'eto,'"  the  sums  ai)p()rtioned  to  the  several  States  and  Territories 
to  be  paid  quarterly  in  advance.  $720,000; 

To  carry  into  effect  the  provisions  of  an  Act  approved  March  six- 
teenth, nineteen  hundred  and  six,  entitled  "An  Act  to  provide  for 
an  increased  annual  appropriation  for  agricultural  experiment  sta- 
tions and  regulating  the  expenditure  thereof,*"  the  sinns  afjportioned 
to  the  several  States  and  Territories  to  be  paid  quarterly  in  advance. 
$720,000:  Proridcd,  That  not  to  exceed  $15,000  shall  be  paid  to  each 
State  and  TeiTitory  tuider  this  Act ; 

'I'o  enable  the  Secretary  of  Agricidture  to  enforce  the  provisions 
of  the  above  Acts,  relative  to  their  administration,  including  the 
employment  of  clerks,  assistants,  and  other  persons  in  the  city  of 
AVashington  and  elsewhere,  freight  and  express  charges,  oflicial  trav- 
eling exijeuses,  ollice  fixtures.  supi)lies,  ajjparatus,  telegraph  and 
telephone  service,  gas,  electric  current,  and  rent  outside  of  the 
District  of  (^)lumbia,  $40,500:  and  the  Secretary  of  Agriculture  shall 
|)rescribo  the  form  of  the  animal  financial  statement  required  under 
the  above  Acts,  ascertain  whether  the  expenditures  are  in  accordanc<' 
with  their  provisions,  and  make  report  thereon  to  Congress; 

To  enable  ihe  Secretary  of  Airrictdture  to  establish  and  maintain 
agricultural  expei-iinent  stations  in  Alaska.  Hawaii,  Porto  Rico,  and 
the  island  of  (Jiiaiu.  including  the  erection  of  buildings,  the  pre|^ara- 
tiou.  ilbhstration.  and  distribution  of  reports  and  btilletins,  and  all 
other  necessary  expenses.  $110,000.  as  follows:  .Vlaska.  $:?5.()(H).  of 
which  Sinn  $5,()()()  shall  be  iinnaHliately  available;  Hawaii.  $30,000: 
Porto  Rico,  $30,000;  and  (luam,  $15^000,  including  not  to  exceed 
$2,000  for  the  purchase  of  land;  and  the  Secretary  of  Agriculture  is 
atithori/.ed  to  sell  such  j)roducts  as  are  obtained  on  the  land  belong- 
ing to  the  agricidtural  experiment  stations  in  Alaska,  Hawaii,  Porto 


LAWS   APPLICABLE   TO   DEPARTMEMT   OF   AGRICULTURE.  47 

Rico,  and  tlio  island  of  (iuani.  and  this  fund  shall  be  available  until 
used ; 

To  enable  the  Secretary  of  A«rricnlture  to  investigate  ami  report 
upon  the  orpmization  and  protrress  of  farmers'  institutes  and  agri- 
cultural M'hools  in  the  several  States  and  Territories,  and  upon 
similar  or<>iUii/ations  in  forei<rn  <'(»untries.  with  special  sug<restions  of 
plans  and  methods  for  makin<j:  such  organizations  more  etiective  for 
the  dissemination  of  the  results  of  the  work  of  the  Department  of 
Agi'iculture  and  the  agricultural  exj^eriment  stations,  and  of  im- 
proved metluHls  of  agricultural  |)ractice,  including  the  employment 
of  lalmr  in  the  city  of  Washington  and  elsewhere,  and  all  other 
necessary  expenses,  $28,000; 

In  all.  for  general  expenses.  $1,018,500. 

NiTRiTioN  investigations:  To  enable  the  Secretary  of  Agriculture 
lo  investigate  the  nutritive  value  of  agricultural  products  used  for 
human  food,  with  special  suggestions  of  plans  and  methods  for  the 
more  eftective  utilization  of  such  products  for  this  purpose,  with  the 
cooperation  of  other  bureaus  of  the  department,  and  to  disseminate 
useful  information  on  this  subject,  including  the  employment  of  labor 
in  the  city  of  Washington  and  elsewhere,  supplies,  and  all  other  neces- 
sary expenses,  $16,000. 

Irrigation  investigations:  To  enable  the  Secretary  of  Agricul- 
ture to  investigate  and  report  upon  the  laws  of  the  States  and  Terri- 
tories as  atl'ecting  irrigation  and  the  rights  of  appropriators,  and  of 
riparian  proprietors  and  institutions  relating  to  irrigation,  and  upon 
the  use  of  in-igation  water  at  home  and  abroad,  with  especial  sugges- 
tions of  the  best  methods  for  the  utilization  of  irrigation  waters  in 
agriculture,  and  upon  the  use  of  different  kinds  of  power  and  appli- 
ances for  irrigation,  and  for  the  ])ioj)aratioii  and  illustration  of  re- 
ports and  bulletins  on  irrigation,  including  the  employment  of  labor 
in  the  city  of  Washington  and  elsewhere,  rent  outside  of  the  District 
of  Columbia,  supplies,  and  all  necessary  expenses,  $108,000. 

Drainage  investigations:  To  enable  the  Secretary  of  Agricul- 
ture to  investigate  and  report  upon  the  drainage  of  swamp  and  other 
wet  lands  which  may  be  made  available  for  agricultural  purposes, 
and  to  prepare  plans  for  the  removal  of  surplus  waters  by  drainage 
from  sucli  lands,  and  for  the  pi-ejiaration  and  illustration  of  reports 
and  bulletins  on  drainage,  including  the  employment  of  labor  in  the 
city  of  Washington  and  elsewhere,  rent  outside  of  the  District  of 
Columbia,  supplies,  and  all  necessarv  expenses,  $07,000. 

Total  for  Office  of  Experiment  Stations,  $1,001,200. 

Act  March  4.  1913,  c.  145.  37  Stat.  850. 

These  are  provisions  of  the  agricultural  appropriation  net  for  the  fiscal 
year  1914,  cited  above. 

OFFICE  OF  PUBLIC  ROADS. 

(See  "Laws  Applicable  to  the  United  States  Department  of  AKricnltnre."  1912. 

pp.  2.56-257.) 

ACT  MARCH  4.  1913.  c.   145.     (37  Stat.  828.) 

OFFICE  OF  PUBLIC   ROADS. 

Salaries,  Office  of  Pubi.ic  Roads:  One  director,  who  shall  be  a 
scientist  and  have  charge  of  all  scientific  and  technical  work,  $4,000; 


48  LAWS   APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 


1 


one  chief  clerk,  $1,900 ;  one  clerk,  class  four ;  two  clerks,  class  three ; 
one  clerk,  $1,500;  one  clerk,  $1,440;  one  clerk  or  instrument  maker, 
$1,440;  one  clerk,  $1,380;  two  clerks,  at  $1,320  each;  four  clerks,  at 
$1,260  each;  three  clerks,  class  one;  one  clerk  or  photographer, 
$1,200;  one  clerk  or  photographer,  $1,000;  two  clerks,  at  $1,140  each; 
one  clerk,  $1,080;  one  clerk,  $1,020;  four  clerks,  at  $1,000  each;  one 
clerk,  $1)00;  one  clerk  or  instrument  maker,  $1,200;  one  messenger  or 
laboratory  helper,  $840;  two  messengers,  laborers,  or  laboratory 
helpers,  at  $720  each ;  one  messenger  or  laborer,  $000 ;  four  messen- 
gers, laborers,  or  messenger  boys,  at  $000  each ;  two  messenger  boys, 
at  $480  each;  two  charwomen,  at  $240  each;  in  all,  $47,400. 

General  expenses,  Office  of  Public  Roads:  For  salaries  and 
the  employment  of  labor  in  the  city  of  Washington  and  elsewhere, 
.supplies,  office  fixtures,  apparatus,  traveling  and  all  other  necessary 
expenses,  for  conducting  investigations  and  experiments,  and  for 
collating,  reporting,  and  illustrating  the  results  or  same,  and  for  pre- 
])aring,  publishing,  and  distributing  bulletins  and  reports,  as  follows: 
Prooided^  That  no  part  of  these  appropriations  shall  be  expended 
for  the  rent  or  purchase  of  road-making  machinery,  except  such  as 
may  be  necessary  for  field  experimental  work  as  hereinafter  provided 
for: 

For  inquiries  in  regard  to  systems  of  road  management  throughout 
the  United  States  and  for  giving  expert  advice  on  this  subject, 
$40,000 ; 

For  investigations  of  the  best  methods  of  road  making  and  the  best 
Icinds  of  road-making  materials,  and  for  furnishing  expert  advice  on 
road  building  and  maintenance,  $105,000; 

For  investigations  of  the  chemical  and  ph3'sical  character  of  road 
materials,  $30,000 ; 

For  conducting  field  experiments  and  various  methods  of  road 
construction  and  maintenance,  and  investigations  concerning  vari- 
ous road  materials  and  preparations;  for  investigating  and  develop- 
ing equipment  intended  for  the  preparation  and  application  of 
bituminous  and  other  binders;  for  the  purchase  of  materials  and 
equipment;  for  the  employment  of  assistants  and  labor;  for  the  erec- 
tion of  buildings;  such  experimental  work  to  be  confined  as  nearl}' 
as  possible  to  one  point  during  the  fiscal  year,  $45,000; 

For  general  administrative  expenses  connected  with  the  above- 
inentiouod  lines  of  investigations  and  experiments,  $12,000; 

In  all,  for  general  expenses,  $232,000. 
■  Total  for  Office  of  Public  Roads,  $279,400. 

Act  March  4.  1913.  c.  145,  37  Stnt.  852. 

These  are  provisions  of  the  agricultural  appropriatiou  act  for  the  fiscal 
year  ID14,  cited  above. 

INSECTICIDE  ACT  OF  1910. 

(See  •'  Laws  Ai)pllcable  to  the  Uniteil  States  Department  of  Agriculture,"  1912, 

pp.  257-2G3. ) 

ACT  MARCH  4.  1913,  c.  145.     (37  Stat.  828.) 

Enforcement  of  the  insecticide  Act:  To  enable  the  Secretary 
of  Agriculture  to  carry  into  effect  the  provisions  of  the  Act  of  April 
twenty-sixth,  nineteen  hundr^.'d  and  ten,  entitled  "An  Act  for  pre- 


LAWS    APPLICABLf:    TO    DKPAKTM  F Vf    (iK    AGRICULTURE.  49 

1 

I 

\  venting  the  nianufactiire,  sale,  or  tninsportation  of  adulterated  or 
li  mishi-anded  Paris  ariH'ns.  load  arsenates,  and  other  insecticides,  and 
[  also  funo^icides.  and  for  roixulatinir  traflic  therein,  and  for  other  pur- 
|i  poses.'"  in  the  city  of  Wasliinirton  and  elsewhere,  including  chemical 
apparatus,  cheniicals.  and  supplies,  repairs  to  apparatus,  gas,  electric 
current,  official  traveling  expenses,  telegraph  and  telephone  service, 
express  and  freight  charges,  and  all  other  expenses,  employing  such 
assistants,  clerks,  and  other  persons  as  may  be  considered  necessary 
for  the  purposes  named,  $95,000. 

Act  -March  4.  ioi:i.  o.  145.  :5T  st.ir.  s::.\. 

This  is  a  ]iara.Lrniph,  undor  the  h('a4lin,ii  "  .Miscellaiu'uiis,"  iu  the  agri- 
iMiltural  ap[)ioi)riati()n  act  for  the  fiscal  year  1!)14.  cited  above. 

PLANT  QUARANTINE  ACT  OF  AUGUST  20.   1912. 
(See  "  I>a\vs  Applicable  to  the  United  Slates  L)ei»artuieiit  uf  Agriculture,"  1912, 

ACT  MARCH  4,  1913.  c.  145.      (37  Stat.  828.) 

Importation  of  nursery  stock,  plants,  etc.,  and  plant  products  for  experimental 
and  scientific  purposes. 

*  *  *  That  hereafter  any  class  of  nursery  stock  or  of  any  other 
class  of  plants,  fruits,  vegetables,  roots,  bulbs,  seeds,  or  other  plant 
products  of  which  the  imj^ortation  may  be  forbidden  from  any  coun- 
try' or  locality  under  the  provisions  of  section  seven  of  the  plant  quar- 
antine Act  approved  August  tAventieth.  nineteen  hundred  and  twelve 
(Thirty-seventh  Statutes,  page  three  hundred  and  fifteen),  may  be 
imported  for  experimental  or  scientific  purposes  by  the  Department 
of  Agriculture  upon  such  conditions  and  under  such  regulations  as 
the  said  Secretary  of  Agriculture  may  prescribe. 

Act  .March  4.  1013,  c.  145.  ,''>7  Stat.  S;.-)4. 

This  is  a  proviso  annexed  to  an  appropriation,  uu»ler  the  heading 
"  Miscellaneous,"  for  cariying  into  effe<'t  the  provisions  of  act  August  20, 
1012.  c.  SOS,  in  the  agricultural  approi)riation  act  for  the  fiscal  year  1014. 
fited  above.  Said  act  August  20.  r.H2.  uicntioued  above,  is  set  forth  in 
"  Laws  Applicable  to  the  United  States  Department  of  Agrictilture."  1012. 
p.  264. 

ACT  MARCH  4,  1913,  c.  145.     (37  Stat.  828.) 

Enforcement  of  the  plant  QrAR.^NTiNE  Act:  To  enable  the 
Secretary  of  Agriculture  to  carry  into  effect  the  provisions  of  the  Act 
of  August  twentieth,  nineteen  hundred  and  twelve,  entitled  ''An 
Act  to  regulate  the  importation  of  nursery  stock  and  other  plants 
and  plant  products:  to  enable  the  Secretary  of  Agricultttre  to  estab- 
lish and  maintain  quarantine  districts  for  plant  diseases  and  insect 
pests;  to  permit  and  regulate  the  movement  of  fruits,  plants,  and 
vegetables  therefrom,  and  for  other  purposes,"  in  the  city  of  Wash- 
ington and  elsewhere,  including  official  traveling  expenses,  telegraph 
and  telephone  service,  express  and  freight  charges,  and  all  other  ex- 
penses, employing  such  assistants,  clerks,  and  other  persons  as  may 
be  considered  necessary-  for  the  ptirposes  named.  $40,000.  of  which 
sum  $10,000  shall  be  immediately  available:     *     *     *. 

Act  March  4.  101.3.  c.  145,  37  Stat.  85.3. 

This  is  an  appropriation.  un<ler  the  heading  "Miscellaneous,"  In  the 
agricultural  appropriation  act  for  the  fiscal  year  1914.  citwl  above. 


PROVISIONS  RELATING  TO  THE  PUBLIC  SERVICE  IN 

GENERAL. 


OFFICERS,  CLERKS,  AND  EMPLOYEES. 

(See  "Laws  Applicable  to  the  United  States  Departmeut  of  Agriculture,"  1912, 

pp.  273-308.) 

ACT  MARCH  4,  1913,  c.  142.      (37  Stat.  739.) 

Details  of  clerks  and  employees  from  departments,  etc.,  to  Civil  Service  Com- 
mission for  duty  in  District  of  Columbia,  forbidden. 

Xo  detail  of  clerks  or  other  employees  from  the  executive  depart- 
ments or  other  Government  establishments  in  "Washington,  District 
of  Columbia,  to  the  Civil  Service  Commission,  for  the  performance  of 
duty  in  the  District  of  Columbia,  shall  be  made  for  or  during  the 
tiscal  year  nineteen  hundred  and  fourteen. 

Act  March  4,  1913,  c.  142,  s,  1,  37  Stat.  750. 

This  is  a  provision  of  the  legislative,  executive,  and  judicial  appropria- 
tion act  for  the  fiscal  year  1914.  cited  above.  Similar  provisions  were 
contained  in  the  similar  acts  for  190G  and  succeeding  fiscal  years. 

ACT  MARCH  4,  1913,  c.  142.     (37  Stat.  739.) 

Amendment  of  section  7,  act  August  26,  1912,  c.  408. 

Sec.  4.  That  section  seven  of  the  general  deficiency  appropriation 
Act  approved  August  twenty-sixth,  nineteen  hundred  and  twelve, 
is  amended  to  read  as  follows: 

Lump-sum  appropriations  not  available  for  increased  compensation;    not  appli- 
cable to  mechanics,  etc.,  on  public  works, 

"  Sec.  T.  That  no  part  of  any  money  contained  herein  or  hereafter 
appropriated  in  lump  sum  shall  be  available  for  the  payment  of  pov- 
sonal  services  at  a  rate  of  compensation  in  excess  of  that  paid  for  the 
same  or  similar  services  during  the  preceding  fiscal  year:  nor  shall 
any  ijor.son  employed  at  a  specific  salary  be  hereafter  transferred  and 
hereafter  paid  from  a  lump-sum  ap]:)ropriation  a  rate  of  compensa- 
tion greater  than  such  specific  salary,  and  the  heads  of  departments 
shall  cause  this  provision  to  be  enforced:  Provided.  That  this  section 
shall  not  a|)ply  to  mechanics,  artisans,  their  helpers  and  assistants, 
laborers,  or  any  other  employees  whose  duties  are  of  similar  character 
and  required  in  carrying  on  the  various  manufacturing  or  construct- 
ing operations  of  the  (Tovernnient.*' 

Act  March  4.  1913,  c.  142,  s.  4,  37  Stat.  790. 

Sei'tlou  7  of  act  August  20,  1912,  c.  40S,  mentioned  in  and  amended  by 
this  sectiini.  is  set  furlli  in  "Laws  .Vpplicable  to  the  United  States  l>e- 
l>artment  of  -Vgrlculture,"  1912,  j).  2S5. 

00 


II 


LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE.  51 

By  a  provision  conlaiiU'd  in  the  jif-'iifnltiiial  .iiiproiniatioii  act  for  the 
fiscal  year  1914.  act  .Manli  1.  lOl.'J.  <•.  14."..  .s<»t  lortii  on  i>.  .".,  mtlc.  s<'ction 
7  of  act  Aut^Mist  '2i'>.  V.)\'2.  c.  40S.  and  any  aniendnienls  thereto,  shall  not 
apply  to  payment  from   Inmp-sum  approi»riations   for  the  Department  of 
!  Agriculture  for  jiersonal  services  of  employees  euKaged  in  strictly  scien- 

tific or  t(HhnicaI  work,  with  a  proviso  that  Siiid  i)rovision  shall'  not  be 
construed  to  authorize  the  transfer  of  any  person  employed  jit  a  spe<'lflc 
salary  and  the  payment  of  compcnsjition  from  lump-sum  approi)riation8 
at  a  rate  greater  than  said  si.ecilic  salary. 

Repeal  of  Inconsistent  laws. 

Sec.  5.  That  all  laws  or  parts  of  laws  inconsistent  with  this  Act 
are  repealed. 

Act  March  4.  1913.  c.  142.  s.  5.  37  Stat.  790. 

These  are  sections  of  the  legislative,  executive,  and  .iudicial  aiipropria- 
tiou  act  for  the  fiscal  year  1914,  cited  above. 

ACT  MARCH  1,  1889,  c.  328.     (25  Stat.  772.) 

Leave  of  absence  for  Government  officers  and  employees  who  are  members  of 
the  National  Guard  of  the  District  of  Columbia. 

Sec.  40.  That  all  officers  and  employees  of  the  United  States  and  of 
the  District  of  Columbia  who  are  members  of  the  National  Guard 
shall  be  entitled  to  leave  of  absence  from  their  respective  duties,  with- 
out loss  of  pay  or  time,  on  all  days  of  any  parade  or  encampment 
ordered  or  authorized  under  the  provisions  of  tliis  act. 

Act  March  1.  1S89.  e.  328.  s.  49,  25  Stat.  779. 

This  is  a  section  of  "An  act  to  provide  for  the  organization  of  the 
militia  of  the  IMstri<"t  of  Columbia."'  cited  above. 

This  section  is  construed  b.v  a  proviso  of  act  .luly  1,  1902.  c  1352.  s.  1; 
set  forth  below. 

ACT  JULY  1,  1902,  c.  1352.     (32  Stat.  590.) 

Leave  of  absence  for  Government  officers  and  employees  who  are  members  of  the 
National  Guard  of  the  District  of  Columbia;  act  March  1,  1889.  c.  1352,  s. 
49.  construed. 

*     *     *     That  section  forty-nine  of  "An  Act  to  provide  for  the  or- 

fanization  of  the  militia  of  the  District  of  Columbia,"  approved 
[arch  first,  eighteen  hundred  and  eighty-nine,  shall  be  construed  as 
covering  all  days  of  service  which  the  National  Guard,  or  any  portion 
thereof,  may  be  ordered  to  perform  by  the  commanding  general. 

Act  July  1,  1902,  c.  1352,  s.  1.  32  Stat.  615. 

This  is  a  proviso  annexed  to  an  approi)riation  for  pay  of  the  militl.i 
of  the  District  of  Columbia  in  the  District  of  ("olumiiia  a))|n-opri:ition  act 
for  the  fiscal  year  1903.  cited  above. 
•  j  Section  49,  act  March  1,  1889.  c.  .".2S,  mentioned  an<l  construed  by  this 

'  provision,  is  set  forth  above. 


!! 


ESTIMATES  AND  REPORTS. 

(See  -'Laws  Applicable  to  the  United  States  Department  of  Agricidture.'  1912, 

pp.  .308-310.) 

APPROPRIATIONS. 

(  See  •'  Laws  Applicable  to  the  United  States  Department  of  Agriculture."  1912, 

pp.  310-321.) 


52  LAWS   APPLICABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

CONTRACTS. 

(See  "  Laws  Applicable  to  the  United  States  Department  of  Agriculture,"  1912, 

pp.  321-333.) 

ACT  MARCH  2,  1913,  c.  93.     (37  Stat.  704.)     • 
Contracts  for  lease  for  fireproof  storage  accommodations. 

'i'he  heads  of  the  several  executive  departments  are  authorized  tc 
enter  into  contracts  for  the  lease,  for  periods  of  not  exceeding  six 
years,  of  modern  fireproof  storage  accommodations  within  the  Dis- 
trict of  Columbia  for  their  respective  departments,  at  rates  per  squart 
foot  of  available  floor  space  not  exceeding  25  cents,  payable  from 
appropriations  that  Congress  may  from  time  to  time  make  for  rent 
of  buildings  for  their  respective  departments. 

Act  March  2,  1!)13,  c.  U3.  37  Stat.  718. 

This  is  a  paragraph  of  the  Army  appropriation  act  for  the  fiscal  yeai 
1914.  cited  above. 

('(•ntracts  for  the  rent  of  buildings  for  public  use  in  the  District  o: 
Columbia  arc  not  to  be  made  until  approiiriatlons  have  been  made  there 
for,  by  a  provision  of  act  March  .3.  1S77.  c.  lOG.  s.  1,  set  forth  in  "  Law; 
Applicable  to  the  United  States  Department  of  A,criculture."  1912.  p.  324 

Other  buildings  in  the  District  of  Columbia  may  be  rented  instead  o 
buildings  already  rented  for  jiublic  use,  by  a  provision  of  act  August  5 
1S.S2,  c.  389.  s.  L  set  forth  in  "Laws  Apidicable  to  the  Unitetl  States  De 
partment  of  Agriculture."  1912,  p.  .361. 

Heads  of  departments  are  required  to  submit  to  Congress  each  year  ii 
the  annual  estimates  statements  of  the  number  of  buildings  rentetl  b; 
their  resiH'ctive  departments,  the  purposes  for  which  rented,  and  the  reuta' 
by  a  provision  of  act  March  3.  1SS3.  c  12S.  s.  1,  set  forth  in  "  Laws  Ai»ph 
cable  to  the  United  States  r)epartment  of  Agriculture."  1912.  p.  312. 

The  Secretary  of  the  Treasury  is  retpiired  to  submit  to  Congress  eac) 
year  in  the  Book  of  Estimates  a  statement  of  the  buildings  rentetl  withii 
the  District  of  Columbia  for  the  use  of  the  Government,  the  ])ui-poses  fo 
which  rente<L  and  the  annual  rental,  by  a  provision  of  act  July  IG,  189i 
c.  19(;,  s.  1.  ser  forth  in  "  Laws  Applicable  to  the  United  States  Depart 
MHMit  of  Agriculture,"  1912,  p.  312. 

ACT  MARCH  3.  1913.  c.  106.  An  act  relating  to  the  limitation  of  the  hours  o 
(jaily  s('r\ic<-  of  laborers  and  nie<."lKinics  employetl  upon  a  public  work  c 
tiic  I'liitcd  States  and  of  the  District  of  Columbia,  and  of  all  persons  en 
ployed  in  constructing,  maintaining,  or  improving  a  river  or  harbor  of  th 
United  States  and  of  the  District  of  Columbia,     (37  Stat.  726.) 

Amendment  of  act  August  1,  1892,  c.  352. 

That  sections  one.  two.  and  three  of  an  Act  entitled  "An  Act  vT 
latitig  to  the  limitation  of  the  lioiirs  of  daily  service  of  laborers  an 
mechanics  enployed  upon  the  public  works  of  the  United  States  an 
of  the  District  of  Columbia  "  be  amended  to  read  as  follows: 

Daily  services  of  laborers  and  mechanics  on  public  works  limited  to  eight  hour 

"Section  1.  That  the  service  and  employment  of  all  laborers  an 
mechanics  who  aic  now.  or  may  hereafter,  be  employed  by  the  Goy 
ermiuMit  of  the  United  States  or  the  District  of  Cohimbia!  or  by  an 
contractor  or  subcontractor,  upon  a  public  Avork  of  the  United  Stat( 
or  of  the  District  of  Columbia,  and  of  all  persons  who  are  now.  or  ma 
hereafter  bo.  employed  by  the  (lovermnent  of  the  United  States  or  tl 
District  of  Colimibia.  or  any  contractor  or  sulx-ontractor.  to  perfori 
services  similar  to  those  of  laborers  and  mechanics  in  connection  wit 
<lredging  or  rock  excavation  in  anv  river  or  harbor  of  the  Unite 


LAWS   APPLICABLE    10   DEPARTMENT   OF   AGRICULTURE.  53 

States  or  of  the  District  of  Colunibia,  is  hereby  limited  and  restricted 
to  eifrht  hours  in  any  one  calendar  day;  and  it  shall  he  uidawfid  for 
[any  oflicer  of  the  United  States  Government  or  of  the  District  of 
Columbia,  or  any  such  contractor  or  subcontractor  whose  duty  it 
shall  be  to  employ,  direct,  or  control  the  services  of  such  laborers  or 
mechanics  or  of  such  persons  employed  to  perform  services  similar 

^1  to  those  of  laborers  and  mechanics  in  connection  willi  dredging  or 
Irock  excavation  in  any  river  or  harbor  of  the  United  States  or  of  the 
District  of  Columbia,  to  require  or  permit  any  such  laborer  or  me- 
chanic or  any  such  person  emjjloyed  to  perform  services  similar  to 
those  of  laborers  and  mechanics  in  connection  with  dredging  or  rock 
excavation  in  any  river  or  harbor  of  the  United  States  or  of  the  Dis- 
trict of  Columbia,  to  work  more  than  eight  hours  in  any  calendar  day, 
except  in  case  of  extraordinary  emergency:  ProvUhd,  That  nothing 

t^    in  this  Act  shall  apply  or  be  construed  to  apply  to  j^ersons  employed 

in  connection  with   dredging  or  rock  excavation   in   any   river  or 

larbor  of  the  United  States  or  of  the  District  of  Columbia  while  not 

directly  operating  dredging  or  rock  excavating  machinery  or  tools, 

.    nor  to  persons  engaged  in  construction  oi*  repair  of  levees  or  revet- 

1'  iraents  necessary  for  protection  against  floods  or  overflows  on  the 

\  'navigable  rivers  of  the  United  States. 

Act  March  3,  1913,  c.  106,  s.  1,  37  Stat.  726. 
Violations;  penalty. 

"  VIOLATION  OF  ACT  BY  OFFICER  OK  CONTRACTOR  PUNISIIABLE. 

"  Sec.  2.  That  any  officer  or  agent  of  the  Government  of  the  United 

.    States  or  of  the  District  of  Columbia,  or  any  contractor  or  subcon- 

*  '  tractor  Avhose  duty  it  .shall  bo  to  employ,  direct,  or  control  any  laborer 

J  i  or  mechanic  emj)loyed  upon  a  public  work  of  the  United  States  or  of 

I  ,'  the  District  of  Columbia,  oi-  any  person  employed  to  jierform  services 

similar  to  those  of  laborers  and  mechanics  in  connection  with  dredging 

or  rock  excavation  in  any  river  or  harbor  of  the  United  States  or  of 

the  District  of  Cohunbia,  who  shall  intentionally  violate  any  provision 

5  .  of  this  Act,  shall  l)c  deemed  guilty  of  a  misdemeanor,  and  for  each 

\.  and  every  such  otl'cnse  shall,  upon  conviction,  be  punished  by  a  fine 

r  not  to  exceed  one  thousand  dollars,  or  by  iuii)ri->()nment  for  not  more 

than  six  months,  or  by  both  such  fine  and  im])risonment.  in  the  dis- 

ij  cretion  of  the  court  having  jurisdiction  thereof. 

I  i  Aft  March  3.  1!tl3,  c.  306,  s.  2,  37  Stat.  720. 
'     Existing  contracts  not  affected. 

'•  EXISTING  CON'njACTS  NOT  AFFECTIII)   I'.V    .\(   I  . 

"Sec.  0.  That  the  provisions  of  this  Act  shall  not  be  so  construed 
''  as  to  in  any  manner  a|)ply  to  or  all'ect  contractors  or  subcontractors, 
M  or  to  limit  the  hours  of  daily  service  of  laborers  <)r  mechanics  engaged 
''  upon  a  public  work  of  the  United  States  or  of  the  District  <»f  Colum- 
'■  bia,  or  persons  employed   to   j^erfoim   service>  similar  to  those  of 

II  laborers  and  mechanics  in  connection  with  dredging  or  rock  excava- 
ll  tion  in  any  river  or  harbor  of  the  United  States  or  of  the  District  of 
II  Columl)ia.  for  Mhich  contracts  have  been  entered  into  prior  to  the 
1 1  passing  of  this  Act  or  nuiy  be  entered  into  under  the  provisions  of 
I'   appropriation  Acts  approved  prior  to  the  i)assage  of  this  Act." 

Act  March  3,  3913,  c.  100,  s.  3.  37  Stat.  727. 


54  LAWS    APIMJCABLE    TO    DEPARTMENT    OF    AGRICULTURE. 

Time  of  taking  effect  of  act. 

Sec,  4.  IMiat  this  Act  shnll  beconio  effective  and  be  in  force  on  and 
after  March  first,  nineteen  hiuulred  and  thirteen. 

Act  March  3.  1013,  c.  1CH>.  s.  4.  .37  Stat.  727. 

Act  August  1,  1892,  c.  352,  mentioned  in  and  amended  by  this  act,  i« 
set  fortli  in  "  T>aws  Applicable  tn  the  United  States  Department  of  Agri- 
cnltnre."  1012.  p.  32(i. 

Act  June  10,  1012,  c.  174,  set  forth  in  "Laws  Applicable  to  the  United 
States  Department  of  Agriculture,"  1012,  p.  327,  provides  that  every  con- 
tract for  or  on  behalf  of  the  T'nited  States,  with  tlie  exception  of  contracts 
for  transporation.  the  transmission  of  intelligence,  or  the  purchase  of 
su])plies  for  the  (Jovernment,  which  requires  or  involves  the  employment 
of  laborers  or  mechanics,  shall  contain  a  proviso  that  no  such  laborer 
or  mechanic  shall  be  requiretl  or  permitted  to  work  more  than  eight 
hours  in  any  one  calendar  day,  and  that  every  such  contract  shall  stipu- 
late a  penalty  of  $5  for  each  violation  of  such  stipulation  for  each 
laborer  or  mechanic  for  every  day  in  which  he  shall  be  required  or  per- 
mitted to  work  more  than  eight  hours. 


PUBLIC  MONEYS  AND  ACCOUNTING. 

(See  "Laws  Applicable  to  the  United  States  Department  of  Agriculture,"  1912. 

pp.  .3.33-35,5.) 

PUBLIC  PROPERTY. 

(See  "Laws  Applicable  to  the  T'nited  States  Department  of  Agriculture."  1912. 

pp.  35.5-3,59.) 

PUBLIC  BUILDINGS  AND  GROUNDS. 

(Sw  "Laws  Applicable  to  the  United  States  Department  of  Agi-iculture,"  1912 

pp.  3.50-303.) 

PUBLIC  PRINTING. 

(See  "Laws  Applicable  to  the  liiited  States  Department  of  Agriculture,"  1912 

pp.  363-368,) 


PUBLIC  DOCUMENTS. 


I 


(See  "  Liiws  Applicable  to  the  Uniti-d  States  Department  of  Agriculture,"  1912 

pp.  368-378.) 

4 

FRANKS  AND  FRANKING. 

(See  "Laws  .\piplicable  tn  the  United  States  l)ep;irtment  of  Agriculture,"  1912 

pp.  .37S-.381.) 

TELEGRAPHS. 

(See  "Laws  Applicable  to  the  T'nited  States  Dei>artment  of  Agriculture,"  1912 

1>P.  .3'^1-.3.S3.) 

LEGAL  SERVICES  AND  CLAIMS. 

(Sec  "Laws  Ap|.li.-ab1e  to  the  United  States  Department  of  Agriculture,"  1912 

pp.  384-389.) 


INDEX. 


Page. 
Absence,  leave,  Forest  Service  emphnecs  in  Alaska,  extension  (37  Stat.  <S2S). .         28 
members  of  National  (luard.  employees  of  Government  (25 

Stat.  772;  32  Stat.  590) 51 

Accounts  Division,  appropriations,  salaries  for  1914  (37  Stat.  828) 43 

laws  affecting 43 

j    .Agriculture,  conditions  in  Europe,  ecnninission  for  study  (37  Stat.  828) 5 

,    j  Department,  authority  to  make  huntini,'  rcsjulations  (37  Stat.  847).  40-41 

hun])-sum  api)ro])riati(ms  availal)l('  for  increased  sal- 
ary for  scientific  and  technical  work  (37  Stat.  828).       5-6 
officers   and    employees,    compensation,    rate   fixed 

(37  Stat.  854) 6 

Secretarv,  authority  over  expenses  (37  Stat.  853) 8 

to  enforce  food  and  drugs  act  (37  Stat.  828). .  37-38 
insecticide  act   of    1910  (37   Stat. 

828) 48-49 

laws  affecting  experiment  station 
work,   nutrition,  irrigation,  etc. 

(37  Stat.  828) '. 46-47 

phmt  quarantine  act  (37  Stat.  828).         49 
exchange  national  forest  lands  with  Mon- 

.   .  tiina  (37  Stat.  854) 35 

I  expend  national  forest  moneys  for  roads 

and  trails  in  national  forests  (37  Stat. 

828) 24 

furnish  trees  from  Nebraska  national  for- 

»'sLs  (37  Stat.  828) 28-29 

J  irrant  and  extend  leave  to  Forest  Service 

^  '  em]dovees  in  Ala.ska  f37  Stat.  828) 28 

inclose  laud  for  -Ik  winter  refuge  (37  Stat. 

828) 41 

make  and   enforce  regulations  governing 
trespassing  on  national  forests  (37 

Stat.  ()S()) 27 

exhibit  at   International   Dry   Land 

( 'ongre.ss  ( 37  Stat.  855) 9 

rules  govt  ruing  a<lministration,  etc., 
of  lands  ac(|uired  bv  United  States 

(37  Stat.  S28) " 24 

]»av  for  horses,  vehicles,  etc.,  lost  in  fight- 
ing f< .rest  lin-s  CM  Stat.  828) ." . . .         28 

))f'rniil  exportatiou  of  forest  j)roducts  from 
.\la.«ka  national  forests  (37  Stat. 

828) 23 

free   use   of   timber   for  telephone 
lines  in   national   forests  for  fire 

protection  (37  Stat.  828) 23 

l)urcha.so   and   distribute   .seeds  (37   Stat. 

828) 17-19 

tree  seed,  cones,  etc.,  for  national 
forests    in    open    market    (37 

Stat.  828) 34 

r(;gulatc   viruses,  serums,   toxins,  etc.  (37 

Stat.  828) 12-14 

renort  on  .seed  <listril>utiou  (37  Stat.  828).         18 
select  anil  cla.ssify  homestead  lands  in  na- 
tional forest.-  (37  Stat.  828) 22 

55 


56  LAWS   APPLICABLE    TO   DEPARTMENT   OF   AGRICULTURE. 

Page. 
Agriculture,  Secretary,  authority  to  sell  pathological  and  zoological  specimens. 

requirements  (37  Stat.  828) 14 

study  chestnut-bark   disease   control    (37 

Stat.  855) 8-9 

cost  of  food  supplies  and  disseminate 

resulta  (37  Stat.  855) 8 

cooperation  with  city  authorities  in  administration  of 
lands    for    Colorado    Springs  water 

supply  (37  Stat.  (586) .' 27 

State  and  Territorial  authorities  in 
national   forest   road   building   (37 

Stat.  828) 24 

Postmaster  General  in  fixing  weight 

of  seed  packages  (37  Stat.  828).  .t . .  18 

Alaska  experiment  stations,  appropriations  for  1914  (37  Stat.  828) 46 

Forest  Service  employees,  Secretary  authorized  to  grant  leave  to  (37 

Stat.  828) '..... 28 

Animal  Industry  Bureau,  appropriations,  salaries,  general  expenses,  etc.,  for 

1914(37  Stat.  828) 14-17 

Animals,  feeding  and  breeding,  experiments  (37  Stat.  828) 17 

Appropriation  act,  Agriculture  De}>artment,  1914  (37  Stat.  828) 6-8 

expenses  of  commission  to  investigate  land-mortgage  banks,  etc. 

(37  Stat.  828) 5 

insecticide  act  enforcement  (37  Stat.  828) 48-49 

oil  painting  of  Secretary  James  Wilson  (37  Stat.  828) 7-8 

Appropriations,  Accounts  Divisioji,  for  1914  (37  Stat.  828) 43 

Animal  Industry  Bureau  (37  Stat.  828) 14-17 

Biological  Survey  Bureau,  for  1914  (37  Stat.  828) 42^3 

Chemistry  Bureau,  for  1914  (37  Stat.  828) 36-37 

department  Library,  for  1914  (37  Stat.  828) 45 

Entomology  Bureau,  for  1914  (37  Stat.  828) 39-40 

exi>enses,  restrictions  (37  Stat.  853) 8 

Experiment  Stations  Office,  for  1914  (37  Stat.  828) 46-17 

Forcxt  Service,  for  1914  (37  Stat.  828) 22-23,  29-36 

lump-sura,  available  for  increased  salary  for  scientific  or  tech- 
nical work  (37  Stat.  828)  ." 5-6 

not  available  for  increased  compensation;  mechan- 
ics excepted  (37  Stat.  739) 50 

national  forests,  restrictions  (37  Stat.  828) 34-35 

Plant  Industry  Bureau,  for  1914  (37  Stat.  828) 19-22 

Publifations  t)ivision,  for  1914  (37  Stat.  828) 43-i4 

Roads  Office,  for  1914  (37  Stat.  828) 47-18 

Soils  Bureau,  for  li)14  (37  Stat.  828) 38-39 

Statistics  Bureau,  for  1914  (37  Stat.  828) 44-15 

Weather  Bureau,  for  1914  (37  Stat.  828) 10-12 

Arlington  Kxporimont  Farm,  appropriation  for  1914  (37  Stat.  828} 22 

Banks,  land-mortgage,  cooperative,  commission  for  study  in  Europe  (37  Stat. 

828) .' 5 

Bee  culture  investigations,  appropriation,  1914  (37  Stat.  828) 40 

Biological  investigations,  animals  and  plants,  ai)propriation  (37  Stat.  828) 42 

Survey  Bureau  appropriations  for  1914.  salaries,  general  expenses, 

etc.  (37  Stat.  828) 42-tt  |^ 

la ws  affect  ing 40-41  ^ 

Bird  protection,  api)ropriation,  1914  (37  Stat.  848) 41 

regulations,  puidication,  time.  etc.  (37  Stat.  847) 41 

Birds,  migratory,  protection,  regulation  (37  Stat.  828.  847) 40-41 

North  American,  investigations,  appropriation  (37  Stat.  828) 42 

Bison  protection,  Moniana  .Xalioiui!  Ranu'c,  appropriation  i37  Stat.  828) 42 

Bridges,  construction  in  national  lorosts,  appropriation  (37  Stat.  828) 34 

Buildings,  rent,  contracts  (37  Stat.  704) '. 52 

rented.  Distrii-t  of  Columbia,  appropriations  (37  Stat.  828) 8 

Weatlier  Ihnvau.  outside  of  Waslungton  CUtv.  appropriations  (37 

Stat.  8281 ' 12 

Cabins,  construction  in  national  forests.  :ipproprialion  (37  Slat.  828) '^-^ 

Cattle  ticks.     See  Ticks,  cattle. 


? 


INDEX.  57 

Page, 
hemislry,  application    to    agritiillure,  iuvesligations,  appropriation  (37  Stat 

'                     828) ;  37 

j  Bureau,  appropriations,  salaries,  general  expenses,  etc.  (37  Stat 

'                                    828) ; 36-38 

1  cooperation    with    other   departments,    authorization    (37 

'                                    Stat.  828) :..  37 

laws  affecting 36-38 

.hestnut-bark  disease,  study,  autliority  (37  Stat.  855) 8-9 

\vi\  Ser\ice  Commission,  detiiils  of  department  clerks  for  duty,  prohibition 

37  Stat.  739) 50 

lorks,  department,  laws  affecting .50-51 

detail  to  Civil  Service  Commission  in  District  of  Columbia,  prohibition 

"-  ^tat.  739) 50 

!  .  migratory  birds,  regulation  by  Department  of  Agriculture  (37 

■  ' 40-41 

la  1  .  Pike  National  Forest,  reservation  of  lands  for  Colorado  Springs  and 

Manitou  water  supply  (37  Stat.  684) 25-27 

inpensation,  oflicers  and  employees  of  Agriculture  Department,  rate  fixed  (37 

-tat .  854) 6 

"iiirross.   Southern  Commercial,   cooperative  commission  for  study  of  ruml 

(oiiiiitions  in  Europe  (37  Stat.  828) 5 

'  'ntingent  expenses,  appropriations,  1914  (37  Stat.  828) 7-8 

Weather  Bureau  (37  Stat.  828) 11 

Sec  also  Expenses,  contingent. 

utractor,  penalty  for  violation  of  labor  liours  law  (37  Stat.  726) 53 

iitracts,  laws  affecting 52-54 

prior,  not  affected  by  law  limiting  liours  of  labor  (37  Stat.  726) 53 

rent  of  l)uildings.  etc.  (37  Stat.  704j 52 

redit  unions,  rural,  cooperative,  commission  for  study  in  Europe  (37  Stat.  828).  5 

'  ly'a  work,  limitation,  and  penalty  for  violation  (37  Stat.  726) 52-53 

Ustrict  of  Columbia,  leases  for  fireproof  storage  ( 37  Stat.  704) 52 

rented  l>uildings.  appropriations.  1914  (37  Stat.  850) 8 

>rainage  investigations,  api)ropriation  for  ]914  (37  Stat.  828) 47 

'redging,  hours  of  labor,  limitation  and  exception  (37  Stat.  726) 52-53 

'IV  Land  Congress,   International.   Tulsa.   Okla..  exhibit,  atithorization  (37 

Stat.  855) 9 

Ik  refuge,  Wyoming,  appropriation  (37  Stat.  S28) 42 

selection  and  inclo.-^iire  of  land  (37  Stat.  828) 41 

inployees.  department,  laws  affecting 50-51 

Government,  meml)ers  of  Xaiioiuvl  (tuard,  leave  of  absence  (25 

Stat.  772;  32  Stat.  590) 51 

iitomoloirv  Bureau.  a])propriations.  salaries,  general  oxpenses,  etc.,  for  J914 

(37  Stat.  828) 39-40 

laws  affect ing 39-40 

xhiliit.  International  Drv  Land  Congress,  Oklahoma,  ajipropriation  for  (37 

Stat.  H55) ■ 9 

xpenses,  Animal  Industry  Bureau  (37  Stat.  828) 15-17 

attendance  on  meetings,  lertures,  etc.,  authorized  (37  Stat.  828) 6 

Biological  Survi>y  Bureau  (37  Stat.  828) 42-43 

(heniistry  Bureau  (37  Slat.  828) .--.-•  -  ■^^ 

commission    to  investigate  land-mortgage   banks,    etc.,    restriction 

(.37  Stat.  828) ^  5 

contingent,  appropriations,  1914  (37  Stat.  828) 7-8 

Entoiuologv  Bureau  (37  Stat.  828) 39^0 

Experiment  Stations  OfHce  (37  Stat.  828) 46 

lorest  Service  (37  Stat.  828) 30 

Librarv  of  departnieni  (37  Stat.  828) 45 

Plant  industry  Bureati.  approjiriationa  for  1914  (37  Stat.  828) 20-22 

Publications  Division  (37  Stat.  828) 44 

Roads  OfHce  (37  Stat.  828) 48 

Soils  Bureau  (37  Stat.  S28) 38-39 

Stati-'tics  Bureau  (37  Stat.  828) 45 

Weather  Bureau  (37  Slat.  828) 11-12 

Experiment  stations.  a|iproi>rialions  (37  Slat.  828) 46 

( )f!ire,  ajipropriations.  .salaries,  etc.,  for  1914  (37  Stat.  828),  46^7 


58  LAWS  APPLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Page. 
Farm  products,  marketing  aud  distribution,  reports,  authorization  (37  Stat.  855)         9 

Farmers'  institutes,  appropriation  for  1914  (37  Stat.  828) 47 

Fences,  construction  in  national  forests,  appropriation  (37  Stat.  826) 34 

Fertilizer  sources  investigation,  appropriation  for  1914  (37  Stat.  828) 39 

Fire  fightint);,  national  forests,  secretary  to  pay  for  horses,  vehicles,  etc.,  lost  in 

(37  Stat.  828) 28 

lanes,  construction  in  national  forests,  appropriation  (37  Stat.  828) 34 

protection,  cooperative,  forested  watersheds,  appropriation  extension  (37 

Stat.  853) 35-36 

national  forests.  Secretary  to  permit  free  use  of  timber  for  tel- 
ephone lines  (37  Stat.  828) 23 

Fireproof  storage,  lease  contracts  (37  Stat.  704) 52 

Flood  emergency  work,  exception  to  limitation  of  hours  of  labor  (37  Stat.  726).        53 

Fly,  Mediterranean,  investigations,  appropriation,  1914  (37  Stat.  828) 40 

Food  and  drugs  act,  date  effective,  penalty  provision,  etc.  (37  Stat.  732) 36 

enforcement  appropriation  (37  Stat.  828) 37-38 

marking  packages,  amendment  to  law  (37  Stat.  732) 36 

supplies,  cost,  investigations  authorized  (37  Stat.  855) 8 

tests  investigation,  appropriation  (37  Stat.  828^ 37 

Forest  fires,  control.  Secretary  to  permit  free  use  of  timber  in  telephone-line 

construction  (37  Stat.  828) 23 

fighting.  ap])ropriations  (37  Stat.  828,  853) 34, 35 

emergency  appropriation  (37  Stat.  828) 35 

investigation.-*,  data  distribution  (37  Stat.  828) 34 

National,  Pike,  reservation  of  lands  for  Colorado  Springs  and  Manitou 

water  supply  (37  Stat.  684) 25-27 

products,  exportation  from  national  forests,  authorization  by  Secretary 

(37  Stat.  828) 

Reservation  ('ommission.  National,  cooperation  with  Secretary  in  rights 

of  way  doci.sion  {'M  Stat.  828) 2-i 

Service,  Alaska  employees.  Secretary  authorized  to  grant  leave  to  (37 

Stat.  828). .  .■ 2f 

appropriations,  salaries,  general  expenses,  etc.  (37  Stat.  828)..  29-3t 
exchange  of  lands  with  Montana,  appropriation  (37  Stat.  854). .        3' 

general  expenses,  restriction  on  appropriation  (37  Stat.  828) 3i 

information,  giving  out  to  newspapers  and  magazines  (37  Stat. 

828) 34-3i 

Forests,  national,  appropriations  for  salaries,  field  and  station  expenses,  1914 

(37  Slat.  828) 29-30,  30-3; 

restrictions  (37  Stat.  828) 34-SJ 

conservation  study.  Federal  and  State  cooperation  (37  Stat. 

828) 3 

homestead  entries,  provisions,  etc.  (37  Stat.  828) 22-2. 

laws  affecting 22-3 

road  construction,  use  of  moneys,  etc.  (37  Stat.  828) 2 

salaries,  and  field  and  statioji  exjienses  (37  Stat.  828) . . .  29-30,  30-3 
tree  seed,  cones,  and  Tiurserv  stock,  purchase  authorized  (37 

Stat.  828) .' 3 

trespa.ssing.  Secretary  to  prescribe  regulations  (37  Stat.  686). .        2 
Fur-bearing  animals,  investigations,  etc.,  appropriation  (37  Stat.  828) 4 

Game  laws  enforcement,  appropriation  (37  Stat.  828) 4 

prolectioti.  apprupri.ition  i37  Sial.  82S^ 4 

reservations  miinienance,  ap|)n>priation  (37  Stat.  828) 4 

Guam  experiment  station,  appropriation  for  1914  (37  Stat.  828) 4 

Hawaii  experiment  station,  appropriation  for  1914  (37  Stat.  828) 4 

Health,  pul)lic,  insects  affectnig,  investigatioiis,  appropriation,  1914  (37  Stat. 

828) -i 

Hog  cholera,  control  studies  (37  Stat.  S2S) 1 

HuntiuL'  regulations,  mignitorv  birds  (37  Stat.  828,  847) 10-4 

Insecticide  ad.  lilld.  enlorcemeni  provision  (37  Stat.  828) 48^ 

Insecticides  experinicnis.  apjiropriaiion,  l!ll  I  (37  Stat.  828) 4 

Insect**,  injurious,  invest  igat  ions,  aii|)n)prialions  (37  Stat.  828) 39—) 

useful,  importation  aud  ex(li:ini,'<'.  appropriation.  19H  (37  Stat.  828)..         -" 


I 


INDEX.  59 


Page. 


fuspeciion,  food  products.  American,  before  Bliipmeiit  to  toreign  coimtxies, 

J  appropriation  (37  Stai.  828) .'  37 

rrigatinn  iiivostisatioas,  appropriation  for  1914  (37  Stat.  828) 47 

'.abor,  hours,  emergency  provision  (37  Stat.  72(j) 53 

I  limitation,  and  penalty  for  violation  (37  Stat.  726) 52-53 

•Aborers,  hours  of  daily  work,  limiiuiion,  penalty  for  violation  (37  Suit.  72G)..  52-53 
Aud-niortgage  banks,  cooperative,  commission  for  study  in  Europe  (37  Stat. 

:  828) 5 

i^nds,  acquisition  by  United  States  not  defeated  by  rights  of  way,  etc.  (37 

1              Stat.  828) 24 

agricultural,  classification,  cooperative  work,   appropriation  (37   Stat. 

828) 39 

jease,  fireproof  storage,  contracts  (37  Stat.  704) 52 

joave,  absence.     See  Absence,  leave. 

jCCturee,  instructions,  etc.,  at  meetings,  expenses  authorized  (37  Stat.  828)...  6 

jibrarj-,  department,  appropriation,  salaries,  etc.,  for  1914  (37  Stat.  828) 45 

laws  affecting 46 

jive  ■<t<)c.v.  transportation  from  quarantined  areas,  requirements  (37  Stat.  828). .  12 

xwses,  fire  fighting,  reimbursement,  lioi-ses,  vehicles,  etc.  (37  Stat.  828) 28 

liump-sum  appropriations  not  available  for  increased  compensation ;  mechanics 

excepted  (37  Stat.  739) 50 

iftammals.  North  American,  investigations,  appropriations  (37  Stat.  828) 42 

dbps,  life  and  crop  zones,  preparation,  appropriation  (37  Stat.  828) 42 

ferketing  farm  products,  reports,  autiiorization  (37  Stat.  Sob) 9 

iCeat  insijection,  law  enforcement  (37  Stat.  828) 17 

Mechanics,  compensation,  exception  from  lump-sum  restriction  (37  Stat.  739). .  50 
hours  of  daily  lalior,  limitation,  penalty  for  violation  (37  Stat.  726)..  52-53 
Moneys,  national  forest,  expenditure    for   road.*,  etc.,  in    national    forests   (37 

Stat.  828) 24 

M!ontana,  exchange  of  lands  with  Forest  Service,  appropriation  (37  Stat.  854)..  35' 

National  Bison  Range  maintenance,  etc.,  appropriation  (37  Stat.  828)  42 

tfotbs,  gipsy  and  brown-tail,  control  work,  appropriation.  1914  (37  Stat.  828)..  40 

^rational  Guard  meniliers,  emplovees  of  United  States,  leave  of  absence  (25 

Stat.  772;  32  Stat.  590; ' 51 

Nutrition  investigations,  appropriation  for  1914  ( 37  Stat.  828) 47 

Dfficers,  pul)lic,  laws  affecting 50-51 

members  of  National  Guard,  leave  of  absence  (25  Stat.  772;  32 

Stat.  590) 51 

Detriches,  feeding  and  breeding,  studies  (37  Slat.  828) 17 


Pathological  specimens,  sale  authorized  (37  Stat.  828^ 14 

Penaltv.  violation  of  art  relating  to  iiours  of  dailv  labor  (37  Stat.  726) 53 

hunting  law  (37  Stat.  828). .' 41 

law  regulatin<;  viruses,  .'^erums.  toxins,  etc.  (37  Stat.  828).  14 
Photooraphii'   equipment,   etc..   for   Pul)li(ations   Division,   appropriation   (37 

i-Stat.  828) 44 

IMant  dif?ea.se9,  investigation  and  control,  appropriation  (37  Stat.  828) 20 

Industrv  Bureau,  appropriations,  salaries,  general  expenses,  etc.,  for  1914 

,  j               (37  Stat.  828) - 19-22 

1 1           quarantine  act,  enforcement  appnipriation  (37  Stat.  828) 49 

exception    in    lavor    of    department    imjKJrtations    (37 

Stat.  828) 49 

Plants,  importations  for  scientific  usee,  exception  from  plant  quarantine  act 

(37  Stat.  828) 49 

Porto  Rico  Experiment  Station,  appropriation  for  1914  (37  Stat.  828) 46 

Postmaster  General,  cooperation  with  Agriculture  Department  Secretary  in 

seed  distribution  (37  Stat.  828) 18 

President,  authority  to  appoint  commission  to  investigate  land-mortgage  banks, 

etc.  (37  Slat.  828) 5 

approve  of  bird-protection  regulations  (37  Stat.  848)...  41 

Public  ser\'ice,  general,  laws  affecting 50-54 

'Publications  Division,  appropriations,  salaries,  etc.  (37  Stat.  828) 43-44 

laws  affecting 43-44 


60  LAWS   Al'PLICABLE   TO   DEPARTMENT   OF   AGRICULTURE. 

Page 

Quarantine  area,  live-stock  transportation,  requirements  (37  Rtat.  828) 12 

plant,  act,  enforcement,  appropriation  (37  Stat.  828) 49 

exception    in    favor    of    department   importations    (37 
Stat.  828) 49 


Rent,  buildings,  contracts  (37  Stat.  704) 52 

District  of  Columbia,  appropriations,  1914  (37  Stat.  828) 8 

Reservations,  game,  maintenance,  appropriation  (37  Stat.  828) 42 

River  dredging,  etc.,  hours  of  labor,  limitation  and  exception  (37  Stat.  726) 52-53 

Road  binders  investigations,  appropriation  (37  Stat.  828) 4i! 

making  and  materials,  investigations,  appropriation  (37  Stat.  828) 48 

Roads,  construction  in  national  forests,  appropriation  (37  Stat.  828) 24,34 

Office  appropriations  for  1914,  salaries,  etc.  (37  Stat.  828) 47-4S 

Rural  conditions.  European,  commission  for  study  (37  Stat.  828) £ 

credit  unions,  cooperative,  commission  for  study  in  Europe  (37  Stat.  828) .  5 

Salaries,  Accounts  Division,  appropriations  for  1914  (37  Stat.  828) 4i 

Animal  Industry  Bureau,  appropriations  for  1914  (37  Stat.  828) 14-1' 

Biological  Survey  Bureau.  appro])riation8  for  1914  (37  Stat.  828) 4! 

Cliemistry  Bureau.  approi)riations  for  1914  (37  Stat.  828) 36-3' 

eiriplovees  of  commission  to  investigate  land-mortgage  banks,  etc. 

(37  Stat.  828; ' "^ i 

Entomologv  Bureau,  appropriation  for  1914  (37  Stat.  828) 39-4) 

Experiment  Stations  Ofticc,  for  1914  (37  Stat.  828) 4" 

Forest  Service,  appropriations  for  1914  (37  Stat.  828) 29-30.  30-3: 

J.ihrary.  lor  1914  (37  Stat.  828) 4. 

Plant  industrv  Bureau,  appropriations  for  1914  (37  Stat.  828) 19-2i 

Publications  Division,  for  1914  (37  Stat.  828) 43-4 

Roads  Otlice.  appropriation  for  1914  (37  Stat.  828) 47-4 

Secretary's  ( Xliee,  appropriations  for.  1914  (37  Stat.  828) 6- 

Soils  Bureau,  api)rt)priati()iis  for  1914  (37  Stat.  828) 38-3 

Statistics  Bureau,  appropriations  for  1914  (37  Stat.  828) 44-4 

Weather  Bureau,  appropriations  for  1914  (37  Stat.  828) 10-1 

Scientilic  work,  siilarv  increases,  lump-sum  appropriations  available  (37  Stat. 

828) " 5- 

Seeds,  purchase  and  distrilmtion  (37  Stat.  828) 17-1 

Serums,  toxins,  etc..  for  domestic  animals,  sale,  preparation,  etc.,  require- 
ments (37  Stat.  828) 12-1 

Soil  lertihly  investigations,  appropriations  (37  Stat.  828) 3 

investigations,  appro])riations  (37  Stat.  828) 38, 3 

Soils  Bureau  ajjprojjriaiiors.  salaries,  general  expenses,  etc.  (37  Stat.  828) 38-3 

laws  alfect ing 38-3 

Southern  ('(tnimercial  Congress.  coo|)erative  commission  for  study  of  niral  con- 
ditions in  Kurope  (37  Stilt.  828) ' 

Squirrels,  groiind,  destruction,  appropriation  (37  Stat .  828) 4 

Statistics  Bureau,  appropriations,  siilaries.  etc.,  for  1914  (37  Stat.  828) 11^ 

Storage,  lireproof.  lease  contract.-^  ( 37  Stat.  704) S 

Telephone  lines,  construction  in  national  forests,  appropriation  (37  Stat.  828) . .  i 

use  of  timber  free  of  charge 

(37  Stat.  828) 5 

Ticks,  cattle,  eradication  (37  Stat.  828) 1 

Timber,  exportation   from    national    forests,    authorization   by   Secretary   (37 

Slat.  82S) .' ' 5 

tree  ti.se  for  teleplione  lines  in  national  forests  (37  Stat.  828) 5 

national  forest**,  free  use  for  telephone  lines  for  lire  protection  (37 

Stat.  828) J 

])re.servation,  investigations,  appropriation  (37  Slat.  828) i 

Toxins,  stTunis.  etc..  lor  domestic  animals,  sale,  preparation,  etc.,  requirements 

( 37  Slat.  S2S ) 12-1 

Trails,  lonstrucliou  in  national  forests,  appropriation  (37  Stat.  828) 24,5 

Travel  expenses,  allowance   to   Weather   Bureau   employees,   restrictions   (37 

Stat  828) 

Statistics  Bureau,  api)ropriation  (37  Stat.  828) 

Tree  .seeds,  cones,  and  nurserv  stock,  purchase  in  open  market,  authoritv  (37 

Stat.  82.S) ; ; : 


INDEX.  61 

Trees,  young.  Nebraska  Natit)nal  Torest.  lurnLshini;  to  residents  (37  Stat.  828). .  28-29 

Trespassing,  national  forests,  regulations,  enforcement,  etr.  (37  Stat.  680) 27 

Truck  crops,  in.^ects,  investigations,  appropriations,  J914  (37  Stat.  828) 40 

Viruses,  serums,  etc.,  for  domestic  animals,  siile.  preparation,  etc.  recjuire- 

menta(37  Stat.  828^ 12-14 

J;  Water  siipplv,  Colorado  Springs  and  Manitou,  Colo.,  act     subject     to     private 


n 


rights  (37  Stat.  (;87)....         28 
.  I  amendment    or   repeal   of 

,!  '  act.. right   reserved   (37 

:'  Stat.  (187) 28 

']  prote(;tion(37Stat.  684)..  25-27 

I  I   Watersheds,  forested,  cooperative  fire  protection,  appropriation  extension  (37 

Stat.  853) 3.5-36 

protection,  law  amendment  (37  Stat.  828) 24 

,    1    Weather  Bureau,  appropriations,  salaries,  contingent,  and  general  expenses  (37 

^  '  Stat.  828) 10-12 

employees,    travel   expenses  allowed  when   transferred   (37 

Stat!  828) 9 

general  expenses  (37  Stat.  828) 11-12 

laws  affecting  (37  Stat.  828) 10-12 

observatories,  new  buildings,  appropriations  (37  Stat.  828)..         12 

Wilson.  James.  Secretary,  oil  painting  appropriated  for  (37  Stat.  828) 7-S 

Wood  distillation,  investigations,  appropriation  (37  Stat.  82S) 34 

Wvoming.  elk  winter  refuge,  appropriation  ^37  Stat.  828) 42 

selection  and  inclosure  of  land  (37  Stat.  828) 41 

}    Zoological  specimens,  sale  authorized  (37  Stat.  828) 14 

i  o 


^i 


i; 


sa 
■St. 


3C 

a: 


c^' 


ij 


i 


RTHSf 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


:xi:z'.a~- 


rttrasK- 


iofc«<  >■- 


